Patna High Court – Orders
Shivam Kumar vs The State Of Bihar on 24 June, 2025
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17027 of 2025
Arising Out of PS. Case No.-6 Year-2024 Thana- ALOULI District- Khagaria
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Shivam Kumar S/O Phulo Yadav Resident of village- Surha Basatpur, P.S.-
Hasanpur, District- Samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rekha Devi W/O Baijnath Pandit Resident of village- Budhaura, P.S.-
Alauli, District- Khagaria.
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Abhay Shanker Singh, Advocate
For the Informant : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Mithlesh Kumar Khare, APP
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CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 24-06-2025
Head learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 366A, 376, 504, 506 and
120B of the Indian Penal Code in which charge sheet has been
submitted under Sections 366A, 376 of the Indian Penal Code
and Section 4 of the POCSO Act.
3. As per the prosecution case, the informant has alleged
that her 17 year old daughter used to go for coaching and on
16.06.2023 while the complainant was away in the field, the
named accused persons including this petitioner under a
conspiracy had taken away the daughter of the informant on the
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pretext of marriage. The informant has further alleged that the
petitioner from his mobile phone had contacted the informant
and had asked that he along with daughter of the informant
were living in Delhi and had also performed marriage. The
informant has stated about frequent phone calls between the
two. However, finally a complaint dated 28.11.2023 was filed
alleging missing of the daughter of the informant.
4. Learned counsel for the petitioner submits that the
petitioner has falsely been implicated in this case as no such
incident as alleged, has occurred. It has further been submitted
that the petitioner and the victim girl had been in love affair and
they had together gone to Delhi and had also performed
marriage. The learned counsel for the petitioner next submits
that the victim girl was examined medically in which her age
has been assessed 17-18 years, however, she had refused for
internal examination and no mark of any violence was found on
her body. It has lastly been submitted that the petitioner has
clean antecedent and is in custody since 18.10.2024.
5. Learned counsel for the informant and learned APP for
the State vehemently opposed the prayer for bail. Learned
counsel for the informant has stated that there is allegation upon
the petitioner to have inticed the daughter of the informant who
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was a minor and had performed marriage which is not
maintainable in law. It has further been submitted that the
statement of the victim girl under Section 164 Cr.P.C was
recorded in which she had stated that she was taken by the
petitioner forcibly to Delhi.
6. Considering the aforesaid facts and circumstances of
the case and taking into account the nature of allegation
specially the fact that the incident had occurred on 16.06.2023
however, the complaint was lodged after more than five months
on 28.11.2023, let the petitioner, above named, be released on
bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)
with two sureties of the like amount each to the satisfaction of
the learned court below where the case is pending /concerned
court, in connection with Alauli P.S. Case No. 6 of 2024.
a. If the petitioner is found to have to
influence the witness or the informant or his family
member, the prosecution shall be at liberty to move
the learned court below for cancellation of his bail.
b. One of the bailors of the petitioner shall be
her close relative.
c. The petitioner shall remain physically
present in Court on each date of the trial.
d. In case of absence on two consecutive
dates, or in violation of the terms of the bail and if
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the prosecution is found involvement of the
petitioner in similar nature of offence, the bail
bond of the petitioner will be liable to be canceled
by the Court concerned.
e. And further condition that the court
below shall verify the criminal antecedent of the
petitioner and in case at any stage it is found that
the petitioner has concealed his criminal
antecedent, the court below shall take step for
cancellation of bail bond of the petitioner.
However, the acceptance of bail bonds in terms of
the above-mentioned order shall not be delayed for
purpose of or in the name of verification.
7. It is made clear that the observations, if any, made in
this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
Prakash/-
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