Niket Kumar @ Chandan Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

Niket Kumar @ Chandan Kumar Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional bail: application disposed of with direction to the Court below to verify the petitioner's para-11 statement; if found true, petitioner to be released on bail bonds of Rs. 10,000/- with two sureties of the like amount each before the Additional Sessions Judge-VI-cum-Spl. Court (POSCO), Samastipur/concerned Court; if found false, appropriate order to be passed.

Issue for consideration

Whether the petitioner, named accused in Kalyanpur P.S. Case No. 346 of 2023 (offences under Sections 323, 341, 504, 363 and 366A/34 IPC), should be released on bail, conditional on verification of his para-11 statement that he and the victim girl are continuing their conjugal life harmoniously and have been blessed with a baby girl.

Court's answer

In view of the petitioner's para-11 statement (that he and the victim girl are continuing their conjugal life harmoniously and peacefully and are blessed with a baby girl), the bail application is disposed of with a direction to the Court below to verify the veracity of that statement.

Ratio / Principle

If the statement made in para-11 of the petition is found true, the petitioner is to be released 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 Additional Sessions Judge-VI-cum-Spl. Court (POSCO), Samastipur, Bihar/concerned Court, in connection with Kalyanpur P.S. Case No. 346 of 2023.

Key takeaways

If the statement made in para-11 of the petition is found false, an appropriate order shall be passed by the Court below.ratio¶20

Detailed headnote1 paragraphs

Patna High Court (Sandeep Kumar, J), Criminal Miscellaneous No.36501 of 2025, oral order dated 18-06-2025: bail application of Niket Kumar @ Chandan Kumar in connection with Kalyanpur P.S. Case No. 346 of 2023 (District Samastipur), registered for offences punishable under Sections 323, 341, 504, 363 and 366A/34 of the Indian Penal Code. The petitioner stated in para-11 of the petition that he and the victim girl are continuing their conjugal life harmoniously and peacefully and that out of their conjugal relation both are blessed with a baby girl. The Court disposed of the application, directing the Court below to verify the veracity of that statement; if the statement is found true, the petitioner is to be released 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 Additional Sessions Judge-VI-cum-Spl. Court (POSCO), Samastipur, Bihar/concerned Court; if the statement is found false, an appropriate order shall be passed. Opposite parties: The State of Bihar and Pramila Devi.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.36501 of 2025

Arising Out of PS. Case No.-346 Year-2023 Thana- KALYANPUR District- Samastipur

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

Niket Kumar @ Chandan Kumar S/O Sanjay Thakur Resident of VillageGopalpur, P.S- Kalyanpur, District- Samstipur (Bihar).

... ... Petitioner/s

Versus

The State of Bihar Bihar

Pramila Devi W/O Lalit Mahto R/O Village- Gopalpur, Ward No. 01, P.SKalyanpur, Distt.- Samastipur.

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Madhav Kumar, Advocate For the State : Ms.Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

2 18-06-2025 Heard learned counsel for the petitioner and learned

APP for the State.

The petitioner seeks bail in connection with Kalyanpur P.S. Case No. 346 of 2023 registered for the offence punishable under Sections 323, 341, 504, 363 and 366A/34 of the Indian Penal Code.

The following statement has been made by the petitioner in para-11 of the petition, which reads as under:

“That presently petitioner and the victim girl is continuing their conjugal life harmoniously and peacefully and out of their conjugal relation both are blessed with a baby girl and no purpose will be served by keeping the petitioner in jail.”

In view of the above, this application is disposed of

Patna High Court CR. MISC. No.36501 of 2025(2) dt.18-06-2025 2/2

with a direction to the Court below to verify the veracity of the statement made in para-11 of the petition.

If the statement of found true, the petitioner, above named, be released 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 Additional Sessions Judge-VI-cum Spl. Court (POSCO) Samastipur, Bihar/ concerned Court in connection with Kalyanpur P.S. Case No. 346 of 2023.

If the statement is found false, appropriate order shall be passed.

(Sandeep Kumar, J)

P. Kumar

U T