Kudush Sheikh @ Aman Afzal @ Aman @ Kudus Shekh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86376 of 2025 Arising Out of PS. Case No.-390 Year-2025 Thana- SIKARPUR District- West Champaran ====================================================== Kudush Sheikh @ Aman Afzal @ Aman @ Kudus Shekh S/o Nasim Sheikh R/o Village - Diuliya, P.S - Shikarpur, District - West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X S/o Y (Imaginary Name of Informant's Father) (Imaginary Name of Informant / Father of the victim) Resident of Village - Thathwa, P.O - Rakhai, P.S - Shikarpur, District - West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Informant :

Mr. Mithilesh Kumar, Advocate For the Opposite Party/s :

Mr. Ramchandra Sahni, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 17-12-2025 Heard learned counsel for the petitioner, learned counsel for the Informant and Mr. Ramchandra Sahni, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 137(2) and 140(3) of the BNS.

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

4. Learned counsel for the petitioner has submitted that during investigation the victim has given her statement under Sections 180 and 183 of the BNSS wherein she has stated that she was on talking terms with the petitioner. When the family members came to know about this, they fixed her marriage with somebody else, i.e. why she has gone with the

Patna High Court CR. MISC. No.86376 of 2025(2) dt.17-12-2025 2/2 petitioner on her own sweet-will. It has further been submitted that the petitioner and the victim have solemnized the marriage. Learned counsel for the petitioner has further submitted that the victim has herself denied the medical examination, that is why medical examination could not be conducted. Learned counsel for the petitioner has lastly submitted that the petitioner is in judicial custody since 25.08.2025.

5. Learned counsel for the Informant is present and has submitted that the parties have compromised the case and the petitioner and victim have solemnized the marriage.

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 released on bail in connection with Shikarpur P.S. Case No. 390 of 2025 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned District and Additional Sessions Judge 7th -cum- Special Judge POCSO, Bettiah, West Champaran.

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