Raj Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.21527 of 2026 Arising Out of PS. Case No.-36 Year-2026 Thana- TURKAULIYA District- East Champaran ====================================================== Raj Kumar son of Ramesh chaudhary @ Chirai Resident of Village -Turkauliya Koraiya PS -Turkauliya District -East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
XXX Wife of Harendra Paswan Resident of village- Turkauliya chowk, Ward no. 09, Po and Ps- Turkauliya, Dist- East Champaran ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Karandeep Kumar, Advocate For the Opposite Party/s :
Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 06-04-2026 Heard learned counsel for the petitioner and the learned APP for the State.
2. The petitioner has prayed for bail in connection with Turkauliya P.S. Case No. 36 of 2026 registered for the offence punishable under Sections 126(2), 115(2), 96, 352, 351(2), 3(5) of the BNS and Section 8/12 of the POCSO Act.
3. The case of the prosecution, in short, is that the petitioner has kidnapped the minor daughter of the informant.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He further submits that from a perusal of the FIR, it is
Patna High Court CR. MISC. No.21527 of 2026(2) dt.06-04-2026 2/3 evident that the alleged occurrence took place on 10.01.2026, whereas the FIR was lodged on 19.01.2026. He also submits that from a perusal of the order of the learned trial court, it transpires that the learned trial court has recorded that the victim in her statement under Section 183 of the BNSS, stated that she had fled with the accused petitioner and went to Kolkata, where she stayed with him. He further submits that it is a case of a romantic relationship between two adolescents and that from the statement of the victim under Section 183 of the BNSS, it is clear that no one had kidnapped her, rather, she had gone with the petitioner of her own free will. Moreover, a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 20.01.2026.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned 6th
Patna High Court CR. MISC. No.21527 of 2026(2) dt.06-04-2026 3/3 District & Additional Session Judge-cum-Special Judge, POCSO Act, East Champaran in connection with Turkauliya P.S. Case No. 36 of 2026.
(Ashok Kumar Pandey, J) Sudhanshu/- U T