Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21831 of 2025 Arising Out of PS. Case No.-340 Year-2024 Thana- TRIVENIGANJ District- Supaul ====================================================== Rahul Kumar Son of Lalan Yadav Resident of Village - Mahesua, Ward No.- 13, Police Station - Triveniganj, District - Supaul ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Meena Devi Wife of Pawan Chaudhary Resident of village - Babhangama, Ward No.- 11, Nagar Parishad, Police Station - Triveniganj, District - Supaul ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Arun, Advocate For the Opposite Party/s :

Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 11-04-2025 Heard Mr. Arun, learned counsel for the petitioner and Mr. Binod Kumar, learned APP for the State.

2. The petitioner is apprehending his arrest in connection with Triveniganj P.S. Case No. 340 of 2024, F.I.R. dated 04.09.2024 registered for the offences punishable under Sections 96, 3(5) of BNS, 2023.

3. The prosecution story, in brief, is that the accused persons including the petitioner are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner had earlier moved before this Court for grant of anticipatory bail in Cr. Misc. No. 5171 of 2025 but the same

2/4 was dismissed as withdrawn vide order dated 15.02.2025 with liberty to the petitioner to file a fresh application.

5. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. In fact, the petitioner was in love with the victim girl and the victim girl was recovered and her statement under Section 164 of the Cr. P.C./Section 183 of BNSS, 2023 was recorded in which she has categorically stated that she has performed the marriage with the petitioner on 17.10.2024 at Temple and the victim is living with the petitioner as a wife in the house of the petitioner.

6. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner and submits that at the time of occurrence the victim was minor.

7. Considering the facts and circumstances of the case, let the petitioner, above named, in the event of his arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)

3/4 with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Supaul in connection with Triveniganj P.S. Case No. 340 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

(1) One of the bailors should be the victim, namely, Anchal Kumari.

(2) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(3) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(4) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order

4/4 shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T