Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14304 of 2025 Arising Out of PS. Case No.-543 Year-2024 Thana- DAUDNAGAR District- Aurangabad ====================================================== Rahul Kumar Son of Manoj Kumar @ Manoj Chandrawanashi Residnet of Village-Tarar, P.S-Daudnagar, Dis.-Aurangabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Surendra Sao Son of Late Ram Kishun Sao Resident of Village- Tarar, P.S.- Daudnagar, Distt.- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Sunil Kumar Dubey, Adv For the Opposite Party/s :

Mr.Shahabuddin Azeem @ S. Azeem, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 29-05-2025 Heard learned counsel for the petitioner and the learned APP for the State.

2. The petitioner makes a prayer for grant of regular bail in a case registered for the offences punishable under Sections 137(2), 96 of the BNSS and section 12 of POCSO Act.

3. Despite issuance of notice to the Opposite party no. 2 no one has appeared on her behalf.

4. The allegation in the FIR is that the minor daughter of the informant did not return from the school and was not found even on search. The informant has strong suspicion that accused Rahul Kumar, who is the present petitioner had

Patna High Court CR. MISC. No.14304 of 2025(5) dt.29-05-2025 2/3 kidnapped her as he was eveteasing the victim on her way to school, one week prior to the occurrence.

5. Learned counsel for the petitioner submits that as a matter of fact, the petitioner and the victim girl were in a love relationship for the last four years and the families of both the sides was aware of such fact. It has further been submitted that the victim on her own volition left her parents house on 29.08.2024 and had met petitioner on railway station and they had both gone to Ujjain, then they are staying in the rented house. Further in the statement of the victim recorded under section 164 of the Cr.P.C, the victim girl has stated that she had left the house voluntarily and she was staying with the petitioner at Ujjain and had come back only upon the knowledge of the fact that her family members had instituted a case. Further submission is that the victim is staying in the house of the petitioner and after marriage between the petitioner and the victim, she is also carrying a pregnancy. The petitioner is in custody since 18.01.2025 with no criminal antecedent.

6. The learned APP opposes the prayer for bail.

7. Considering the aforesaid facts and circumstances let the above named petitioner be enlarged on bail on furnishing bail bonds of Rs 10,000/- (ten thousand)with two sureties of the

Patna High Court CR. MISC. No.14304 of 2025(5) dt.29-05-2025 3/3 like amount each to the satisfaction of the learned court below where the case is pending/ successor court in Daudnagar P.S. Case No. 543 of 2024.

(Soni Shrivastava, J) N.K/- U T