Sunil Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.91418 of 2025 Arising Out of PS. Case No.-24 Year-2025 Thana- Rajeshwari District- Supaul ====================================================== Sunil Kumar S/O Shyam Sharma @ Shyam Chaupal R/O Vill.- Kathi @ Katahi, Ward No 9, P.S.- Rajeshwari, District- Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Xxx S/O Yyy R/O Vill.- Katahi, Ward No 12, P.S.- Rajeshwari, DistrictSupaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nafisu Zzoha, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 09-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Rajeshwari P.S. Case No. 24 of 2025 instituted for the offence under Sections 137(2), 96, 351(2), 352 and 3(5) of B.N.S.

3. The case of the prosecution is that when the informant along with his family members was going to sleep after having meal, at that time, the petitioner along with one coaccused Satish forcefully boarded the minor daughter of the informant on a bike and fled away. When the family members

Patna High Court CR. MISC. No.91418 of 2025(2) dt.09-02-2026 2/3 followed them, they started abusing and assaulting.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has falsely been implicated in this case. Learned counsel has submitted that during course of investigation, the victim was recovered and from perusal of the order of the trial Court, it will transpire that the victim herself has not supported the case of the prosecution in her statement recorded under Section 183 of B.N.S.S. Only allegation against this petitioner is that he has supported the main accused Satish Kumar who allegedly kidnapped the minor daughter of the informant, married her and established physical relation with her. Petitioner has not committed any offence with the victim as the victim has not supported the case of the prosecution in her statement recorded under Section 183 of B.N.S.S. Petitioner is having no criminal antecedent as per para-3 of the bail petition.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of

Patna High Court CR. MISC. No.91418 of 2025(2) dt.09-02-2026 3/3 four weeks from today and in the event of his arrest or surrender in connection with Rajeshwari P.S. Case No. 24 of 2025, he will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J.-VI, Supaul subject to the conditions as laid down under section 482(2) of B.N.S.S. (Ashok Kumar Pandey, J) Shubham/- U T