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2025 DAILYLAW 19650 (PAT)

Amit Kumar v. The State of Bihar

CR. MISC./11475/2025 · 2025-03-07

Sandeep Kumar

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.11475 of 2025 Arising Out of PS. Case No.-103 Year-2024 Thana- SAHARGHAT District- Madhubani ====================================================== 1. Amit Kumar S/O Suryadev Mahto R/O Village- Kerwa, PS- Saharghat, District- Madhubani 2. Deepak Kumar @ Dipak Kumar S/O Chandeshwar Mahto @ Chandra Shekhar Mahto R/O Village- Kerwa, PS- Saharghat, District- Madhubani 3. Umesh Kumar Mahto @ Umesh Kumar S/O Devendra Mahto R/O Village- Koriyatol, Tyontha, P.S.- Benipatti, District- Madhubani ... ... Petitioner/s Versus 1. The State of Bihar Bihar 2. Vinod Mahto S/O Bhola Mahto R/O Vill.- Baswaria, P.S.- Saharghat, Dist.- Madhubani. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ravi Prakash For the Opposite Party/s : Mr.Lalan Kumar For the State : Mr. Jharkhandi Upadhyay ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 2 07-03-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners seek bail in connection with Saharghat P.S. Case No. 103 of 2024 registered for the offence under Sections 137, 96, 352, 351(2), 3(5) of the BNS and later Section 137(2), 87, 126(2), 115(2) of BNS was also added. 3. This Court has gone through the statement of the victim girl recorded under Section 183 of the BNSS. From the statement of the victim girl it appears that the petitioners had kidnapped the victim girl and kept her confined in the room for Patna High Court CR. MISC. No.11475 of 2025(2) dt.07-03-2025 2/2 two days and thereafter she was released. 4. It has been submitted by the learned counsel for the petitioners that victim has named Amit and Prem but has not named the petitioner nos. 2 and 3. She also submits that the girl has denied to be examined medically and therefore the petitioners deserve bail. The petitioners are in custody since 18.11.2024. 5. Learned counsel for the State has opposed the prayer of the petitioners for bail and has submitted that a minor girl was kidnapped by the petitioners and was confined to a room for two days and this fact alone is enough to reject the bail application of the petitioners. 6. Considering the fact that the petitioners are involved in the kidnapping of a minor victim girl, this Court is not inclined to grant bail to the petitioners. 7. Accordingly, this application is dismissed. 8. The Court below is directed to expedite the trial of the petitioner and conclude the same at the earliest. Vikas/- (Sandeep Kumar, J) U