Chhotu Kumar @ Chhotu Kumar Rajak v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18132 of 2026 Arising Out of PS. Case No.-252 Year-2025 Thana- RAJAON District- Banka ====================================================== Chhotu Kumar @ Chhotu Kumar Rajak Son of Doman Rajak @ Domi Rajak Resident of Village- Tekani, P.S.- Rajoun, District- Banka ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

XXX Son of Late Khutto Paswan Resident of Village- Tekani, P.S.- Rajoun, District- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Suman Kumar For the Opposite Party/s :

Mr. Mukesh Kumar Singh For the O.P. No. 2 :

Mr. Md. Harun Quareshi ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 14-05-2026 Heard the learned counsel for the petitioner, the learned APP for the State and the learned counsel for the O.P. No. 2.

2. The petitioner seeks regular bail in connection with Rajoun P.S. Case No. 252 of 2025 registered for the offence under Section(s) 96/3(5) of the Bharatiya Nyaya Sanhita, 2023 and Section 8/12 of the POCSO Act.

3. As per the prosecution case, the petitioner is accused of kidnapping the victim girl with intention to marry her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has not committed any offence.

Patna High Court CR. MISC. No.18132 of 2026(3) dt.14-05-2026 2/3 Petitioner is in custody since 09.01.2026 having clean antecedent. It is further submitted that there was a love affair between the petitioner and the victim girl.

5. Learned A.P.P. for the State and the learned counsel for the O.P. No. 2 have vehemently opposed the prayer for bail.

6. I have considered the submissions of the parties and have gone through the records of the case. From the statement of the victim girl recorded under Section 180 BNSS, it appears that she had eloped with the petitioner on her own.

7. Considering the aforesaid facts and circumstances, this application for regular bail is allowed.

8. Accordingly, let the petitioner, above named, be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Rajoun P.S. Case No. 252 of 2025 subject to conditions that:- (i). The petitioner will mark his attendance at the Rajoun Police Station on the first Sunday of each month. Any default in appearance at the Police Station would result in cancellation of bail bond of the petitioner.

(ii) The petitioner shall appear in the trial regularly either personally or through his lawyer and shall cooperate in

Patna High Court CR. MISC. No.18132 of 2026(3) dt.14-05-2026 3/3 the trial and non-cooperation in the trial shall result in cancellation of the bail bond of the petitioner.

9. It is made clear that any observation made herein is prima facie in nature and limited solely for the purpose of adjudication of the present bail application. Such observations shall not be construed as an expression on the merits of the case and shall not influence the trial or any other proceedings in any manner.

(Sandeep Kumar, J) sadique/- U T