Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9474 of 2025 Arising Out of PS. Case No.-20 Year-2024 Thana- PUNAURA District- Sitamarhi ====================================================== Rahul Kumar S/O Ram Raj Baitha, R/O village - Bela Machhpakauni, P.S.- Bela, Dist.- Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ram Bharosh Mandal S/O Ishwar Mandal R/O Vill.- Madhuban, P.S.- Punaura, Dist.- Sitamarhi.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Braj Kishore Pd., APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 16-05-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Punaura P.S. Case No. 20 of 2024 dated 01.02.2024 instituted for the offence punishable under Sections 363, 366A of the Indian Penal Code.

3. The allegation against the petitioner is that he kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. Learned counsel for the petitioner submits that the victim

Patna High Court CR. MISC. No.9474 of 2025(3) dt.16-05-2025 2/3 girl has been recovered and her statement has been recovered under Section 183 of B.N.S.S. From perusal of the said statement of the victim, it appears that she stated that she went to Madhuban Sitamarhi at the house of her friend, namely, Riya. Thereafter she along with her friend went to Delhi and on the same day, they proceeded to Rajasthan where they started teaching children. Then they came to know about the instant F.I.R. Thereafter she came to home. In her statement, she stated that her parents decided to marry her due to which she went out from her house. In her statement, there is no whisper of a word about the said occurrence. Learned counsel for the petitioner further submits that due to enmity, the false case has been lodged against the petitioner. Lastly, it has been submitted that the petitioner is in custody since 24.04.2024 having one criminal case against him. Charge-sheet has been submitted in the case.

5. Learned A.P.P. for the State opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount

Patna High Court CR. MISC. No.9474 of 2025(3) dt.16-05-2025 3/3 each to the satisfaction of the learned Additional Sessions Judge VI cum Special Judge (POCSO Act), Sitamarhi in connection with Punaura P.S. Case No. 20 of 2024.

(Khatim Reza, J) premchand/- U T