Pawan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1681 of 2025 Arising Out of PS. Case No.-96 Year-2024 Thana- Gaura P.S. District- Saran ====================================================== Pawan Kumar S/O Sri Ramesh Mahto R/o Village - Khorrampur Khurampur, Police Station- Gaura, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bishwajeet Singh, Adv.
For the Opposite Party/s :
Mr. Asha Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 05-02-2025 Heard learned counsel for the petitioner and learned A.P.P for the State.
2. The petitioner seeks bail in connection with Gaura P.S. Case No. 96 of 2024 dated 12.07.2024 registered for the offence punishable under Section 137(2)/96 of the BNS, corresponding to Sections 366(a) and 363 of the Indian Penal Code.
3. The prosecution case, in short, is that the informant submitted a written information dated 12.07.24 that her daughter Lalita Kumari, aged about 16 years studies in class IX had gone to school on 11.07.24 at 9.00 am but she did not return. It is alleged that she searched her but could not find. She alleged that she was in contact with
Patna High Court CR. MISC. No.1681 of 2025(2) dt.05-02-2025 2/3 one Pawan Kumar (petitioner), a co-villager. It is alleged that said Pawan Kumar 8-9 days earlier had entered into her house at 1.00 am and assaulted her daughter. She suspected that said Pawan Kumar had enticed her away.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the victim girl had been recovered on the same day of the occurrence. The Magistrate has recorded her statement under Section 183 of the BNSS, wherein, she has stated that she herself went along with the petitioner, no one abducted her. It is also submitted that the victim girl is aged about 16 1⁄2 years at the time of alleged occurrence. The petitioner is a young boy aged about 22 years. Lastly, it has been submitted that the petitioner is in custody since 13.07.2024, having no criminal antecedent and charge-sheet has been submitted in the case.
5. Learned A.P.P for the State opposes the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the
Patna High Court CR. MISC. No.1681 of 2025(2) dt.05-02-2025 3/3 parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Saran in connection with Gaura P.S. Case No. 96 of 2024.
(Khatim Reza, J) prabhat/- U T