Rupesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27322 of 2025 Arising Out of PS. Case No.-275 Year-2023 Thana- CHAUSA District- Madhepura ====================================================== 1.
Rupesh Kumar S/o- Yogendra Yadav Resident of Village -Khoraganj PSUdakishunganj District-Madhepura 2.
Ashok Yadav @ Ashok Kumar Yadav S/o- Uttim Lal Yadav @ Uttim Yadav @ Uttam Prasad Yadav Village- Dhuria W.No-9, Ps- Chausa DistMadhepura 3.
Veena Devi @ Rina Devi W/o- Pintu Yadav @ Amit Kumar @ Pintu Kumar Village- Dhuria W.No-9, Ps- Chausa Dist- Madhepura 4.
Pintu Kumar @ Pintu Yadav @ Amit Kumar S/o- Uttim Lal Yadav @ Uttim Yadav @ Uttam Prasad Yadav Village- Dhuria W.No-9, Ps- Chausa DistMadhepura 5.
Divyanshu Kumar S/o- Sri Ashok Yadav @ Ashok Kumar Yadav VillageDhuria W.No-9, Ps- Chausa Dist- Madhepura 6.
Ravi Kumar S/o- Srishyam Lal Yadav @ Shri Shymal Yadav Village- Dhuria W.No-9, Ps- Chausa Dist- Madhepura 7.
Milan Kumar @ Raghunandan Kumar S/o- Sri Jaynarayan Yadav VillageUsri Ps- Gogri Dist- Khagaria 8.
Bittu Kumar S/o- Birendra Kumar Village- Rajpur, Ps- Bharrahi DistMadhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rahul Singh, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 11-11-2025 Heard learned counsel for the petitioners and the State.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 365 and 34 of the IPC.
3. As per F.I.R., the informant, namely Pritam Kumar, has alleged that one Komal Kumari was married by her parents with one Amit Kumar, though she had been in a relationship
Patna High Court CR. MISC. No.27322 of 2025(5) dt.11-11-2025 2/3 with him (informant) for about two years, and from the wedlock, she gave birth to a child. It is further alleged that thereafter, Komal Kumari asked the informant to marry her, otherwise she would commit suicide and consequently, both of them solemnized marriage on 03.09.2023 in a temple. It is lastly alleged that on 23.09.2023, all the F.I.R. named accused persons took away Komal Kumari and her son forcibly from the house of Rupesh Kumar, who is brother-in-law of informant, and thereafter, this F.I.R.
4. Learned counsel for the petitioners submits that petitioner no.-1 is brother-in-law (Jija), petitioner no.-2 is father, petitioner no.-3 is aunt, petitioner no.-4 is uncle, petitioner no.-5 is brother, petitioner no.-6 is cousin brother (mamera bhai), petitioner no.-7 is maternal uncle (mama) and petitioner no.-8 is brother-inlaw of Pritam Kumar (Informant). He further submits that specific acquisition of kidnapping and forcibly solemnizing marriage with the victim girl is against informant himself. Petitioners are simply victim of false implication and have got no concern with the alleged offence. The victim had love affair with Pritam with whom she solemnized marriage and these petitioners have got no concern with the alleged incident. He further submits that earlier mother of victim lodged Chausa P.S. Case No. 247 of 2023 in which victim did not whisper against informant and was released in favour of Pritam Kumar.
5. Learned counsel for the State opposes the bail
Patna High Court CR. MISC. No.27322 of 2025(5) dt.11-11-2025 3/3 petition.
6. Considering the facts and circumstances of the case, in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Udakishunganj, Madhepura in connection with Chausa P.S. Case No. 275 of 2023, subject to the conditions laid down under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023.
(Prabhat Kumar Singh, J) AjayMishra/- U T