IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.67056 of 2025 Arising Out of PS. Case No.-182 Year-2025 Thana- ASHTHAWAN District- Nalanda ======================================================

Ankit Kumar S/o Amerika Yadav R/o Village- Barki Pali, P.S.- Narhat, District- Nawada ... ... Petitioner/s Versus

1. The State of Bihar

2. X S/o Y R/o Village- X, the SHO, Asthawan Police Station, P.S.- Asthawan, District- Nalanda, in connection with Asthawan P.S.Case No. 182/2025 ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr. Raj Kishor Prasad, Advocate For the Opposite Party/s : Mr. Md. Nazir Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER

4 05-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 137(2), 96 and 3(5) of B.N.S. and Sections 4 and 6 of the POCSO Act.

3. The case of the prosecution is that the petitioner has kidnapped the minor daughter of the informant. During course of investigation, the victim was recovered and she has given his has stated that on 08.06.2025, she went out of her house without disclosing it to anyone with his friend the petitioner to meet him at Bihar Sharif Khandak Par from there, she was taken to Jehanabad and she was kept there for few days. She has further stated that petitioner has established physical relationship with her. In her statement, under Section 183 of B.N.S.S., she has further added that she was being assaulted by the petitioner while she was with him.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that from perusal of the diary, it will transpire that the victim has stated in her previous statement under section 180 of B.N.S.S. that she has gone with her friend the petitioner and it is also pertinent to note that the victim has denied any kind of physical examination of her body due to which her age could not be ascertained. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 21.06.2025.

5. Learned APP appearing for the State and learned counsel for the informant have vehemently opposed the prayer of regular bail. Learned counsel for the informant has submitted that the informant is present in the court and it has been submitted that the father of the petitioner has threatened him for compromising this case.

6. Countering the averments made by the learned counsel for the informant, learned counsel for the petitioner has submitted that the father of the petitioner is not an accused in this case. Moreover, the allegation of threatening is not against the petitioner.

7. Having heard learned counsel for the parties and considering the facts and circumstances of the case, it seems to be a case of romantic relationship between two adolescents, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Asthawan P.S. Case No. 182 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-IV-cum-Special Judge, POCSO, Biharsharif, Nalanda.

(Ashok Kumar Pandey, J)

Shubham/-

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