Rupesh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20821 of 2025 Arising Out of PS. Case No.-208 Year-2024 Thana- BAUNSI District- Banka ====================================================== Rupesh Kumar Son of Binod Yadav Resident Of Village- Bhandarichak, PSBounsi, Distt.- Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rajiv Mandal Son of Late Buddhinath Mandal Resident of VillageBhandarichak, P.S.- Bounsi, Distt.- Bounsi, Distt.- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Praveen Kumar, Advocate For the Opposite Party/s :

Mr. Raj Ballabh Singh, APP For the Informant :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 15-07-2025 Heard learned counsel for the petitioner, learned APP for the State and perused the case diary. Despite valid service of notice, none appears on behalf of the informant.

2. The petitioner seeks bail in connection with Bounsi P.S. Case No. 208 of 2024, instituted for the offences punishable under Sections 363, 366(A), 34 of the Indian Penal Code and later on Section 4 of POCSO Act was added.

3. The prosecution case, in short, is that, the petitioner along with other co-accused persons enticed away informant's minor daughter with an intention of marriage.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the

Patna High Court CR. MISC. No.20821 of 2025(3) dt.15-07-2025 2/3 present case. Charge-sheet has been submitted in this case. Learned counsel for the petitioner also submits that the allegation levelled against the petitioner is general and omnibus in nature. It is further submitted that statement of the victim has been recorded under Sections 161 of Cr.P.C. and 164 of Cr.P.C in which she has stated nothing adverse against the petitioner and her statement does not support the prosecution case. The petitioner is in custody since 23.01.2025 and has got no criminal antecedent.

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

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released 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 Court below/concerned Court in connection with Bounsi P.S. Case No. 208 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

Patna High Court CR. MISC. No.20821 of 2025(3) dt.15-07-2025 3/3 (II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Rajorshi/- U T