Ritesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8492 of 2026 Arising Out of PS. Case No.-325 Year-2025 Thana- NAVINAGAR District- Aurangabad ====================================================== Ritesh Kumar, aged about 20 years, Male, Son of Yogendra Singh Resident Of Village - Karma Fatehpur, P.S. - Nabinagar, Dist. -Aurangabad. ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
XXX D/o YYY Aged about 17 years, Female, Resident Of Village - Fatehpur, P.S. - Nabinagar, Dist. -Aurangabad. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Bindhyachal Singh, Sr. Advocate Mrs. Smiriti Singh, Advocate Mr. Kumar Awnish Ankit, Advocate Mr. Aakash Singh, Advocate For the Opposite Party/s :
Mr.Ajit Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-05-2026 Heard learned Senior Counsel appearing on behalf of the petitioner and learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Nabinagar P.S. Case No. 325 of 2025 registered for the offence(s) punishable under Sections 69, 351(2) of the BNS and Sections 8 and 12 of POCSO Act.
3. As per the allegation made in the FIR, the petitioner has kidnapped the minor daughter of the informant with an intention to marry with her.
4. Mr. Bindhyachal Singh, learned Senior Counsel appearing on behalf of the petitioner submitted that petitioner is
Patna High Court CR. MISC. No.8492 of 2026(3) dt.12-05-2026 2/3 innocent and has falsely been implicated in the present case. He further submitted that statement of the victim has been recorded under Section 183 BNSS in which she has admitted that she on her own after having hot talk with her parents left the home and thereafter she returned back. She denied any involvement or complicity of the petitioner in the alleged occurrence. Petitioner has clean antecedent. On these grounds, petitioner seeks to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf of the parties and upon perusal of the allegations made in the FIR, this Court finds that the victim, in her statement recorded under Section 183 of the BNSS, has stated that she had voluntarily left her home after a heated exchange with her parents and subsequently returned on her own. She has not supported the prosecution case against the petitioner. Considering the aforesaid facts and circumstances, and taking into account that the petitioner is a young man aged about 20 years, he has, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioner, above named, is directed to be
Patna High Court CR. MISC. No.8492 of 2026(3) dt.12-05-2026 3/3 released on pre-arrest bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Aurangabad / Concerned Court in connection with Nabinagar P.S. Case No. 325 of 2025 subject to the conditions as laid down under Section 482(2) of the BNSS.
8. The learned District Court is directed to verify the criminal antecedent of the petitioner and if it is found that the petitioner is involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) Sanjay/- U T