Rahul Kumar @ Monu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.24968 of 2025 Arising Out of PS. Case No.-359 Year-2024 Thana- SHAMBHUGANJ District- Banka ====================================================== Rahul Kumar @ Monu S/o Chandan Das R/o Village- Belari, P.S.- Shambhuganj, District- Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Ramji Bhagat S/o Mahindra Bhagat R/o Village- Belari, P.S.- Shambhuganj, District- Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms.Devika Rani, Advocate For the Opposite Party/s :

Mr.Jai Narain Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 05-05-2025 1.

Heard learned Counsel for the petitioner and learned APP for the State.

2.

This application, for grant of anticipatory bail, arises out of Shambhuganj PS case no. 359 of 2024 dated 24.12.2024, disclosing offences punishable under Sections 96, 3(5) of B.N.S. Act.

3.

The prosecution story, as per the First Information Report, is that on 22.12.2024 in the morning at about 11 am, petitioner along with other accused persons kidnapped/ abducted the daughter of the informant, aged about 15 years while she was going to attend coaching classes. 4.

Learned Counsel for the petitioner submits that

Patna High Court CR. MISC. No.24968 of 2025(2) dt.05-05-2025 2/3 petitioner has not committed any offence in the manner alleged. There was love relationship between the petitioner and victim for the last 03 years. Learned counsel further submits that the statement of the victim girl under Section 183 B.N.S.S., 2023 was recorded, in which, she has stated that her parents were searching for her marriage, due to which, she fled away with the petitioner and performed marriage in the temple on 24.12.2024. She has given the same statement before the Police in her statement under Section 180 of B.N.S.S. He also submits that from perusal of the First Information Report and the statement of the victim girl recorded under Sections 180 and 183 B.N.S.S. it is clear that the she was not forced or seduced by the petitioner for illicit intercourse with another person. 5.

Regard being had to the submissions made on behalf of the parties and taking into consideration the statement of the victim girl under Sections 180 and 183 of B.N.S.S., I am inclined to grant the privilege of anticipatory bail to the petitioner.

6.

This application is, accordingly, allowed.

7.

Let petitioner, abovenamed, in the event of his arrest or surrender before the Court below within six weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten

Patna High Court CR. MISC. No.24968 of 2025(2) dt.05-05-2025 3/3 thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-6-cum-Special Judge, POCSO, Banka in connection with Shambhuganj PS case no. 359 of 2024, subject to the condition laid down under Section 482 (2) of the Code of Criminal Procedure. (Anil Kumar Sinha, J) rinkee/- U T