Dilshyam Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Dilshyam Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Release of the petitioner 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., Motihari, East Champaran, in connection with Sugauli P.S. Case No. 384 of 2024.

Issue for consideration

Whether the petitioner, implicated in Sugauli P.S. Case No. 384 of 2024 registered for offences under Sections 137(2), 87 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, should be released on bail.

Court's answer

Having considered the facts and circumstances of the case and the submissions of learned counsel for the parties, the court directed that 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., Motihari, East Champaran, in connection with Sugauli P.S. Case No. 384 of 2024.

Detailed headnote1 paragraphs

Patna High Court (Khatim Reza, J.), oral order dated 09-05-2025 in Criminal Miscellaneous No.3527 of 2025 arising out of Sugauli P.S. Case No. 384 of 2024 (East Champaran), registered under Sections 137(2), 87 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging that the petitioner Dilshyam Kumar along with co-accused kidnapped the informant's daughter. Counsel submitted that the informant's statement recorded under Section 183 of B.N.S.S. records that she was not kidnapped but went to her maternal uncle's house, that the victim had married the petitioner two months earlier with her parents' consent, that the victim is aged about 17 years 10 months, that the petitioner is in custody since 26.10.2024 with no criminal antecedent and that the charge-sheet has been submitted; the A.P.P. opposed bail. Considering the facts, circumstances and submissions, the court released the petitioner on bail on 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., Motihari, East Champaran.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3527 of 2025

Arising Out of PS. Case No.-384 Year-2024 Thana- SUGAULI District- East Champaran

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

Dilshyam Kumar Son of Late Bhulan Sah village- Dharmpur P.S- Sagauli DIst- East Champaran

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr. Pramod Mishra, Adv. For the Opposite Party/s : Mr. Arvind Kumar Pandey, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

3 09-05-2025

Heard learned counsel for the petitioner and learned

A.P.P for the State.

The petitioner seeks bail in connection with Sugauli P.S. Case No. 384 of 2024 dated 24.08.2024 registered for the offence punishable under Sections 137(2), 87 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

The allegation against the petitioner is that he along with other co-accused persons kidnapped the informant’s daughter.

Learned Counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. It is submitted that the informant in her statement recorded under Section 183 of B.N.S.S. has stated that she was not kidnapped by anyone but she herself went to her maternal

Patna High Court CR. MISC. No.3527 of 2025(3) dt.09-05-2025 2/2

uncle’s house. It was stated before the Magistrate that the victim married with the petitioner two months ago with consent of her parents and due to misunderstanding the present case has been lodged. It is also stated that the entire prosecution story is false and concocted. It is further submitted that the victim is aged about 17 years 10 months. Lastly, it has been submitted that the petitioner is in custody since 26.10.2024, having no criminal antecedent and charge-sheet has been submitted in the case.

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

Having considered the facts and circumstances of the case and submissions of learned counsel for the 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., Motihari, East Champaran in connection with Sugauli P.S. Case No. 384 of 2024.

(Khatim Reza, J)

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