Rohit Kumar @ Rohit Don v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.5821 of 2025 Arising Out of PS. Case No.-222 Year-2024 Thana- Kadirganj P.S. District- Nawada ====================================================== Rohit Kumar @ Rohit Don Son of Faudi Mahto @ Fandeshwar Prasad Resident of Village- Dhewadha, P.S. Pakaribarawan, District- Nawada, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Man Mohan Kumar, Advocate For the Opposite Party/s :
Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 19-04-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in a case registered for the offence punishable under Sections 137(2) and 87 of the BNS, 2023.
3. As per allegation in the FIR, it is a case abduction of the minor daughter of the informant by the petitioner.
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of suspicion. He next submits that victim had gone with the petitioner voluntarily and no one kidnapped her and this fact was also supported by the victim in her statement under Section 183 of the BNSS. Petitioner is in custody since 16.10.2024 and he has got no criminal antecedent as stated in para-3 of the petition.
Patna High Court CR. MISC. No.5821 of 2025(3) dt.19-04-2025 2/2
5. Learned APP for the State opposes the prayer for bail of the petitioner.
6. On perusal of the first information report, case diary and impugned order dated 19.11.2024, it appears that from perusal of para-20 of the case diary, the victim herself stated that she has been in love with the petitioner since last one year and dated 19.09.2024, she with her own consent and free will went to Delhi with the petitioner and they solemnized their marriage. In the meanwhile, police caught them and produced before the Kadirganj police station, where her statement was recorded under Section 183 of the BNSS and stated that no sexual assault against her and noting about use any criminal force, so considering all aspects of the matter, I am inclined to grant bail to the petitioner.
7. Accordingly, let the above named petitioner 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 learned CJM, Nawada in connection with Kadirganj P.S. Case No. 222 of 2024.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U T