Rajiv Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.21587 of 2025 Arising Out of PS. Case No.-11 Year-2024 Thana- Hathiyav District- Sheikhpura ====================================================== Rajiv Kumar Son of Late Raju Ram @ Raju Singh Resident of Village - Dharampur, P.S. - Hathiyawa, District - Sheikhpura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jayprakash Kumar Son of Ravinder Ram Resident of Village - Dharampur, P.S. - Hathiyawa, District - Sheikhpura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sheo Nandan Prasad, Advocate For the Opposite Party/s :

Mrs. Pushpa Sinha.1, APP ====================================================== 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.

2. The petitioner seeks bail in connection with Hathiyawa P.S. Case No. 11 of 2024, instituted for the offences punishable under Sections 363, 366(A), 34 of the Indian Penal Code and later on Section 8 of POCSO Act was added.

3. The prosecution case, in short, is that, the petitioner has kidnapped minor daughter of the informant in order to compel marriage with her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. Charge-sheet has been submitted in this case.

Patna High Court CR. MISC. No.21587 of 2025(3) dt.15-07-2025 2/2 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 Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in which no any allegation has been alleged against the petitioner. The petitioner is in custody since 17.08.2024 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 Hathiyawa P.S. Case No. 11 of 2024.

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