Raushan Kumar @ Roshan Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.5704 of 2025 Arising Out of PS. Case No.-600 Year-2024 Thana- MAJHAULIA District- West Champaran ====================================================== Raushan Kumar @ Roshan Kumar S/o- Raj Kishor Sahani Village- Senuriya PS- Majhauliya District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Salamat Miyan S/o- Late Later Miya Village- Ruhali Vishambra W.No-6, PsMajhaulia Dist- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Gupta, Advocate For the Opposite Party/s :

Mr. Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-04-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary.

2. The petitioner seeks bail in connection with Majhaulia P.S. Case No. 600 of 2024, instituted for the offences punishable under Section 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that, daughter of the informant was kidnapped by the informant for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that the

Patna High Court CR. MISC. No.5704 of 2025(4) dt.30-04-2025 2/3 petitioner and victim belong to the same village and both of them are friends. They were going to visit the fair together. The allegation levelled against the petitioner is general and omnibus in nature. It is next submitted that the victim in her statement recorded under Section 183 of BNSS has not mentioned anything wrong against the petitioner and also stated that they are friends and were going to visit the fair. She also stated that she went with the petitioner on her own will. It is further submitted that the victim has denied for her medical examination. The petitioner is in custody since 08.10.2024 and has got no criminal antecedent.

5. Learned APP for the State has vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Majhaulia P.S. Case No. 600 of 2024, subject to the following conditions:

Patna High Court CR. MISC. No.5704 of 2025(4) dt.30-04-2025 3/3 (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T