Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88725 of 2025 Arising Out of PS. Case No.-3 Year-2025 Thana- Arar District- Madhepura ====================================================== Niraj Kumar son of Late Hiralal Mukhiya Resident of Village- parsaha Ward no. 10, Ps- Arar, Dist- Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Subodh Mukhiya C/o Laxmi Mukhiya Resident of Village- Parsaha Ward no. 10, P.S.- Arar, Dist- Madhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Amarnath Jha, Advocate For the Opposite Party/s :

Md. Mushtaque Alam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 173(2), 96 and 3(5) 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 submits that learned trial court has recorded in its order that "Statement u/s 180 & 183 BNSS made by victim girl in which she stated that she has eloped with Niraj Kumar (petitioner) and married with him in a temple at Purniya. So, after scanning of statements of victim girl it is quite apparent that petitioner was in continuous company of the

Patna High Court CR. MISC. No.88725 of 2025(2) dt.06-01-2026 2/2 victim girl and has retained the minor girl of informant without permission of her legal guardian". Learned counsel for the petitioner has submitted that from perusal fo the medical report it is clear that the Doctor has opined that the victim is aged about 18 to 20 years. As the victim has eloped with the petitioner it is clear case of elopement. Learned counsel for the petitioner has submitted that the petitioner is a man of clean antecedent and is in judicial custody since 01.09.2025.

5. Learned Additional Prosecutor for the State has vehemently opposed the bail application of the petitioner.

6. Considering the aforesaid 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 Arar P.S. Case No. 03 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 JM 1st Class, Udakishunganj, Madhepura.

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