← Library
Patna High CourtCR. MISC./20584/2025bail granted

Rajnish Kumar v. The State Of Bihar

2025-08-05Mr. Justice Chandra Prakash Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20584 of 2025 Arising Out of PS. Case No.-354 Year-2024 Thana- Kharagpur District- Munger ====================================================== Rajnish Kumar S/o- Ashok Kumar Village- Chunakothi, P.O. and P.S.- Kharagpur, District- Munger ... ... Petitioner/s

Versus

1.

The State of Bihar Bihar 2.

Pooja Kumari W/o- Gautam Kumar Village- Chunakothi Po Ps- Kharagpur Dist- Munger ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Saurabh Bishwambhar, Adv For the Opposite Party/s :

Mr.Parmanand Kumar, APP For the Informant :

Mr. Kumar Kamal Nayan, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 05-08-2025 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 Kharagpur P.S. Case No. 354/2024 dated 14.11.2024 registered for the offence punishable u/s 137(2) and 87 of the B.N.S.

3. As per the prosecution case, the petitioner is alleged to have kidnapped the minor daughter of the informant for the purpose of marriage. It is further alleged that the co-accused persons assured the informant not to go to the police station, they would call her daughter but after one week, the co-accused persons started demanding Rs. 8 lacs.

Patna High Court CR. MISC. No.20584 of 2025(5) dt.05-08-2025 2/3

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. The victim in her statement recorded u/s 180 of the B.N.S.S. has not supported the prosecution story. Further, the victim in her statement recorded u/s 183 of the B.N.S.S. has stated that she went to Delhi as she had a fight with her sister due to which the victim's mother scold her. So, she went to Delhi alone to her aunt's house. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 31.01.2025.

5. Learned A.P.P. for the State as well as learned counsel for the informant have vehemently opposed the bail petition of the petitioner by submitting that the victim is a minor girl. In para. 58 of the case diary, the statement of the victim is again recorded on 20.01.2025 u/s 180 of the B.N.S.S, in which she has stated that the petitioner established physical relation with her and made her pregnent and threatened her.

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

Patna High Court CR. MISC. No.20584 of 2025(5) dt.05-08-2025 3/3 concerned, Munger in connection with Kharagpur P.S. Case No. 354/2024, with the condition ;- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

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