Rakesh Kumar @ Bholu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.12204 of 2025 Arising Out of PS. Case No.-312 Year-2019 Thana- JAKKANPUR District- Patna ====================================================== Rakesh Kumar @ Bholu Kumar S/o Ram Babu Singh Resident of VillageLakhanpar, PS - Punpun, District- Patna ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Anant Kumar S/o Shyam Bihari Singh R/o vill - Lakhanpar, P.S.- Punpun, Distt.- Patna, at present Mohalla- Purandarpur, Motimal, Tenant of Ranikant Singh, P.S.- Jakkanpur, Distt.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 28-03-2025 Heard Mr. Binit Kumar, learned counsel appearing on behalf of the petitioner and Mr.Chandra Bhushan Prasad, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Jakkanpur P.S. Case No. 312/2019 registered for the offence(s) punishable under Sections 363 of the of the Indian Penal Code and later on Section 376 of the IPC and Section 4 of the POCSO Act were also added.

3. As per the allegation made in the FIR, the informant has alleged that petitioner along with his family members had kidnapped his minor daughter.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.12204 of 2025(2) dt.28-03-2025 2/2 petitioner seeks to file fresh anticipatory bail application before the learned District Court along with a copy of the joint compromise petition filed before the learned Chief Judicial Magistrate, Patna, wherein in paragraph no.4, she has stated that she willingly went along with the petitioner as her father wanted to forcibly marry her with some other boy and not to her liking. The incidence is of the year 2019 and at the time of the said incidence, the victim was aged about 17 to 19 years as per the medical report. Learned counsel further informs that at the time of recording her statement under Section 164 Cr.P.C., she may have been tutored by her parents and said statement cannot be accepted in view of the subsequent affidavit filed before the learned CJM.

5. Considering the aforesaid submission made on behalf of the petitioner, the petitioner may file fresh anticipatory bail application before the learned District Court.

6. The bail application stands disposed of.

(Purnendu Singh, J) Sanjay/- U T