Shubham Kumar Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2006 of 2025

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Arising Out of PS. Case No.-154 Year-2024 Thana- LALIT NARAYAN UNIVERSITY District- Darbhanga

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======================================================

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Shubham Kumar S/O Late Ranjeet Jha Resident of Village- Subhankarpur Raja Ramdhani Mandir, P.S. Town, Distt- Darbhanga.

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... ... Petitioner/s

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Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Saurav Anand For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER

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2 16-04-2025

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1. Heard learned counsel for the petitioner and

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learned A.P.P. for the State, Shri Chandra Bhushan Prasad.

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2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 363, 366A and 34 of the IPC.

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3. The learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that on 25-5-2024, his minor daughter aged about 17 years went out of the house to purchase some articles, but did not return, on search it transpired that this petitioner enticed his daughter away with the help of his brother, sister, brother-in-law and friend.

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4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that the informant and the victim

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Patna High Court CR. MISC. No.2006 of 2025(2) dt.16-04-2025 2/3

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were known to each other and were in love, further the date of occurrence is 25-5-2024 and the FIR came to be instituted on 2- 6-2024, that amply demonstrates that informant was aware about the whereabouts of his daughter. It is also submitted that from perusal of the FIR, it would manifest that the same was seen by the learned trial court on 7-6-2024, i.e., the FIR was sent to the court after five days of its registration, which also casts an aspersion on the case of the prosecution. It is further submitted that the statement of the victim was recorded under Section 180 BNSS, wherein she stated that petitioner met her on road and told that a person is fighting with her father at Rambagh Crossing, accordingly she accompanied him when she was forcefully boarded in a car by petitioner and Shivam and taken to Delhi. It is submitted that it does not appear probable that the petitioner along with his brother would have taken the victim against her will to Delhi by car from Darbhanga, as there are several check-posts of police in between Darbhanga and Delhi, but then the victim never raised any alarm. It is also submitted that the doctor assessed the age of the victim in between 18-19 years and also found no sign of physical relation nor victim alleges that she was abused in any manner. It is next submitted that even presuming what has been alleged to be true

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Patna High Court CR. MISC. No.2006 of 2025(2) dt.16-04-2025 3/3

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without admitting then the victim had reached the age of discretion and under parental pressure she got her statement recorded under Section 180 BNSS. It is also submitted that petitioner is a young boy and if he is sent to judicial custody in the nature of allegation as alleged, it will jeopardize his entire career and chances are bright that he may come in contact with hardened criminals.

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5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

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6. Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/(Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with L.N.M.U. P.S. Case No. 154 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.

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(Satyavrat Verma, J)

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SUMIT/- U T

Shubham Kumar v. The State of Bihar

Case brief

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Shubham Kumar v. The State of Bihar

Case brief

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