Shivnandan Kumar @ Shivnandan Thakur v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85917 of 2024 Arising Out of PS. Case No.-245 Year-2023 Thana- AMARPUR District- Banka ====================================================== Shivnandan Kumar @ Shivnandan Thakur S/O Pramod Thakur R/O VillageDamodih, P.S- Fullidumar, Distt.- Banka. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Jhakasu Tanti S/O Late Nasib Tanti R/O Village- Dumodih, P.S- Fullidumar, Distt.- Banka.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Ajay Mukherjee For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 04-09-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Amarpur (Fullidumar) P.S. Case No. 245/2023 dated 13.04.2023 registered for the offence punishable u/s 366A read with Section 34 of the Indian Penal Code and Section 4 of the POCSO Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in

Patna High Court CR. MISC. No.85917 of 2024(5) dt.04-09-2025 2/3 this case. There was love affair between the parties. The other co-accused persons have already been granted anticipatory bail by the Co-ordinate Bench vide order dated 10.09.2024 passed in Cr. Misc. No. 47412/2024. The victim in her statement recorded under Section 164 Cr.P.C has stated that while she was going to school on 03.04.2023 along with Sapna she called Shivnandan as they were knowing each other for the last one year, thereafter, on 03.04.2023 they performed their marriage, after performing marriage they went to Bhagalpur by train and from there to Rajkot, she also submits that since her mother intended to get her married somewhere else as such she eloped and even had physical relation with Shivnandan. Learned counsel has submitted that the victim has not raised any alarm while she was being taken to Bhagalpur or Rajkot. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 02.09.2024.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner by submitting that the victim is a minor girl.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond

Patna High Court CR. MISC. No.85917 of 2024(5) dt.04-09-2025 3/3 of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Banka in connection with Amarpur (Fullidumar) P.S. Case No. 245/2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) atul/- U T