Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18507 of 2026 Arising Out of PS. Case No.-927 Year-2024 Thana- MASAUDHI District- Patna ====================================================== Rohit Kumar S/O Akhilesh Chaudhary R/O Tarangana Dih, Masaurhi, P.S.- Masaurhi, Dist.- Patna.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XYZ W/O Rajendra Chaudhary R/O Targadeh, Masaurhi, P.S.- Masaurhi, Dist.- Patna.

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

For the Petitioner/s :

Mr. Faiz Naseem, Advocate For the Opposite Party/s :

Mr. Suresh Prasad Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 17-06-2026 Heard learned counsel for the petitioner and learned APP for the State. Although notices have been validly served upon O.P. No. 2, there is no representation on his/her behalf.

2. The petitioner has preferred this application for grant of regular bail in connection with Spl. POCSO case no. 19/2025 (arising out of Masaurhi P.S. Case No. 927 of 2024) registered for the offences punishable under Sections 137(2), 96 of the B.N.S. and 8, 12 of POCSO Act.

3. As per the prosecution case, the daughter of the informant, who is the victim in the present case, had gone out for her studies but did not return home. It has been alleged that, during the course of search, the informant came to know that the

Patna High Court CR. MISC. No.18507 of 2026(5) dt.17-06-2026 2/3 petitioner along with other co-accused persons had enticed away her daughter.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has been falsely implicated in the present case. Referring to the statement recorded under Section 183 B.N.S.S., learned counsel for the petitioner has submitted that the victim was about 17 years of age on the date of the occurrence. It has further been submitted that the victim in her statement recorded under Section 183 B.N.S.S., has categorically stated that she wanted to marry the petitioner and had voluntarily joined his company. She further stated that they were living together and upon the request of the petitioner's parents, the police arrested them. She also stated that the parents of the petitioner were agreeable to the marriage.

Learned counsel for the petitioner has submitted that the victim had joined the company of the petitioner out of her own free will. It has also been submitted that there was no element of "enticing away" or "taking away. It has further been submitted that the victim was not of such tender age so as to not understand the consequences, of her action and there is no allegation of physical assault against the petitioner.

Patna High Court CR. MISC. No.18507 of 2026(5) dt.17-06-2026 3/3 and he is in custody since 27.10.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail of the petitioner.

6. Heard the parties and perused the record.

7. Considering the above facts and circumstances of the case, let the petitioner above-named, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna, in connection with Spl. POCSO case no. 19/2025 (arising out of Masaurhi P.S. Case No. 927 of 2024).

8. The application stands allowed.

(Praveen Kumar, J) Jyoti/- U T