Arun Kumar Raj @ Arun Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9568 of 2025 Arising Out of PS. Case No.-480 Year-2024 Thana- MUZAFFARPUR SADAR DistrictMuzaffarpur ====================================================== Arun Kumar Raj @ Arun Kumar, aged about 21 years (M), S/o Umesh sah Resident of village - Majhaulia, Opposite of Science College ( On rent), P.S.- Sadar, District- Muzaffarpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Arjun Kumar Singh, S/o Vishwanath Singh, R/o vill - Majhauli, P.S.- Sadar, Distt.- Muzaffarpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar, Advocate For the Opposite Party/s :
Mr.Anuj Kumar Shrivastava, APP For the informant :
Mr. Virendra Kumar, Advocate Mr. Hari Kishore Thakur, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-05-2025 Heard Mr. Abhishek Kumar, learned counsel appearing on behalf of the petitioner; Mr. Anuj Kumar Shrivastava, learned APP for the State and Mr. Virendra Kumar along with Mr. Hari Kishore Thakur, learned counsels for the informant.
2. The petitioner seeks pre-arrest bail in connection with Sadar P.S. Case No. 480 of 2024 registered for the offence(s) punishable under Sections 87 and 3(5) of the BNS.
3. As per the allegation made in the FIR, the accused persons including the petitioner allegedly kidnapped the minor daughter of the informant.
Patna High Court CR. MISC. No.9568 of 2025(3) dt.12-05-2025 2/3
4. Learned counsel appearing on behalf of the petitioner submitted that petitioner is innocent, aged about 21 years and he was in love relationship with the victim and has not forcibly kidnapped her, rather the victim girl willingly went with the petitioner. Learned counsel further submitted that the victim is adolescent and the petitioner has just emerged an adult and victim are/were undergoing with psychological, physiological as well as biological changes and attraction for opposite sex is natural. The statement of girl has been recorded under Section 183 of BNSS in which she has also stated that she herself has left home out of grudge with her family members. Petitioner has clean antecedent.
5. Mr. Virendra Kumar and Mr. Hari Kishore Thakur, learned counsels have tendered their appearance on behalf of the informant and submitted that the petitioner has forcibly kidnapped the minor daughter of the informant and as such petitioner don't deserve to be released on bail.
6. Learned APP for the State also vehemently opposed the prayer for grant of pre-arrest bail.
7. Having considered the rival submissions made on behalf of the parties, as well as, the fact that the victim in her statement recorded under Section 183 BNSS has stated that she
Patna High Court CR. MISC. No.9568 of 2025(3) dt.12-05-2025 3/3 herself has left her home due to grudge with her family members, I find that the victim is adolescent and the petitioner has just emerged an adult and are/were undergoing psychological, physiological as well as biological changes and infatuation and attraction for the opposite sex is natural. I am of the opinion that petitioner has, prima facie, made out a case to be released on pre-arrest bail.
8. The petitioner, above named, is directed to be 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 Chief Judicial Magistrate, Muzaffarpur in connection with Sadar P.S. Case No. 480 of 2024, subject to the conditions as laid down under Section 482(2) of the BNSS. (Purnendu Singh, J) Sanjay/- U T