Shiv Kumar @ Raj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4324 of 2026 Arising Out of PS. Case No.-33 Year-2025 Thana- KURTHA District- Jehanabad ====================================================== Shiv Kumar @ Raj Kumar S/o Rang Bahadur Yadav R/o Village- Jalu Bigha, P.S.- Kurtha, Dist.- Arwal ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

XXXX D/o XXX R/o vill - Jalu Bigha, P.s- Kurtha, Distt.- Arwal ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Prerna Anand For the Opposite Party/s :

Mr. Sucheta Yadav ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-05-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in a case registered for the offences punishable under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita and u/s 08 of the POCSO Act.

3. Learned counsel for the petitioner submits that the petitioner is in custody since 17.11.2025, is a person with clean antecedent.

4. Learned counsel for the petitioner submits that informant alleges that her daughter had gone to attend coaching but did not return, on search she could not be located. Later, she came to know that petitioner has enticed the victim with the help of his family members. Learned counsel submits that the petitioner has falsely been implicated in the instant case by the informant. It is next submitted that the petitioner and the victim

Patna High Court CR. MISC. No.4324 of 2026(3) dt.08-05-2026 2/2 were in love and they eloped. It is also submitted that the victim came back and her statement were recorded u/s 183 of B.N.S.S. wherein she has not supported the case of the prosecution rather has stated she has performed marriage with the petitioner and it is also submitted that age of the victim is 18 years 8 months on the date of occurrence.

5. Learned A.P.P. for the State vehemently opposes the prayer for bail of the petitioner and is not in a position to rebut the submission of learned counsel appearing on behalf of the petitioner after perusing the case diary that the victim has not supported the case of prosecution.

6. Considering the submission made by learned counsel for the petitioner, let the petitioner above named is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kurtha P.S. Case No. 33 of 2025.

(Satyavrat Verma, J) Ranjeet/- U T