Rupesh Kumar @ Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14377 of 2025 Arising Out of PS. Case No.-139 Year-2023 Thana- MADANPUR District- Aurangabad ====================================================== Rupesh Kumar @ Rahul Kumar S/O Umashankar Paswan @ Ramakant Paswan Resident of Village- Taradih, P.S- Madanpur, Distt.- Aurangabad. ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Kamta Singh D/O Tulsi Singh R/V- Purnadih, P.S- Madanpur, Distt.- Aurangabad.

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

For the Petitioner/s :

Mr.Ashok Singh, Adv.

For the informant : Ms. Rupa Kumari, Adv. For the Opposite Party/s :

Mr.Uma Shankar Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 18-06-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Madanpur P.S. Case No. 139 of 2023 dated 19.03.2023 registered for the offences punishable u/s 366A of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The occurrence took place on 13.03.2023 but the F.I.R. was lodged on 19.03.2023 and there is no explanation for this delay. There was love affair between the victim and the petitioner. The

Patna High Court CR. MISC. No.14377 of 2025(4) dt.18-06-2025 2/2 statement of the victim recorded u/s 164 of the Cr.P.C. does not support the prosecution case in which she has also stated that she went to Haryana with the petitioner and came to Gaya and solemnized marriage with him. The petitioner has no concern with the alleged offence. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 20.01.2025.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioner abovenamed, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Aurangabad in connection with Madanpur P.S. Case No. 139 of 2023.

7. The application stands allowed.

(Chandra Prakash Singh, J) Gautam/- U T