Mithilesh Bhuiyan @ Mithlesh Kumar Bhuiyan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84086 of 2025 Arising Out of PS. Case No.-35 Year-2025 Thana- IMAMGANJ District- Gaya ====================================================== Mithilesh Bhuiyan @ Mithlesh Kumar Bhuiyan, S/O Ramswarup Bhuiyan @ Ramsrup Mandal, R/O Vill.- Kuibar, P.S.- Imamganj, Dist.- Gaya. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Samoj Saw, S/O Mahvi Saw, R/O Vill. and Post- Maira , P.S.- Imamganj, Dist.- Gaya.

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

For the Petitioner/s :

Mr. Abneesh Kumar, Advocate Mr. Mirtyunjay Kumar Mishra, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 24-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for bail in connection with Imamganj P.S. Case No. 35 of 2025 registered for the offence punishable under Sections 96 and 3(5) of B.N.S.

3. The case of the prosecution, in short, is that the petitioner has kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this

Patna High Court CR. MISC. No.84086 of 2025(5) dt.24-03-2026 2/3 case. It has further been submitted that during course of investigation, the victim has given her statement under Section 183 of the B.N.S.S. wherein she has stated that she liked the petitioner who is her tenant and she has gone on her own will to Patna with him. They lived there in a rented room. There was no physical relationship between them. She lived there with her consent. They were apprehended by the police. It has also been submitted that from perusal of the medical examination report, it is clear that the doctors have opined that the age of victim is between 18 to 19 years and from her statement under Section 183 of the B.N.S.S. it is clear that she herself has gone with the petitioner and that there was no relationship between them. Petitioner is having no criminal antecedent and he is languishing in judicial custody since 19.02.2025.

5. Learned APP appearing for the State has vehemently opposed the application for bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned

Patna High Court CR. MISC. No.84086 of 2025(5) dt.24-03-2026 3/3 Exclusive Special Judge, POCSO-cum-Additional Sessions Judge-VII, Gaya Ji in connection with Imamganj P.S. Case No. 35 of 2025.

(Ashok Kumar Pandey, J) lata/- U T