Rakesh Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26860 of 2025 Arising Out of PS. Case No.-255 Year-2024 Thana- BAJPATTI District- Sitamarhi ====================================================== Jailash Devi @ Jaylas Devi W/o Ram Kripal Mandal R/o village - Bachopatti, Narha, P.S. - Bajpatti, Dist. - Sitamarhi ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Hari Mohan Rai S/o Late Rameshwar Rai R/o vill - Bantolwa, P.S.- Bajpatti, Distt- Sitamarhi ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 28591 of 2025 Arising Out of PS. Case No.-255 Year-2024 Thana- BAJPATTI District- Sitamarhi ====================================================== Rakesh Kumar Son of Nageshwar Mandal village - Bantolwa, P.S. - Bajpatti, Dist. - Sitamarhi ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Hari Mohan Rai son of Late Rameshwar Rai village - Bantolwa, P.S. - Bajpatti, Dist. - Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 26860 of 2025) For the Petitioner/s :
Mr.Santosh Kumar, Advocate For the Opposite Party/s :
Mr.Dr.Mrityunjaya Kr.Gautam, APP (In CRIMINAL MISCELLANEOUS No. 28591 of 2025) For the Petitioner/s :
Mr.Santosh Kumar, Advocate For the Opposite Party/s :
Mr.Rabindra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 11-07-2025 Heard the parties.
2. The petitioners are apprehending arrest in connection with Bajpatti P.S. Case No. 255 of 2024 instituted under Sections 140(3), 87, 3(5) of BNS lodged on 14.09.2024 by the informant, Hari Mohan Rai.
Patna High Court CR. MISC. No.26860 of 2025(3) dt.11-07-2025 2/3
3. Pursuant to the last order dated 14.05.2025, the victim girl Versha Kumar is present in the Court alongwith her Aadhar Card, according to which, her date of birth is 17.09.2006.
4. The FIR was lodged on 14.09.2024 alleging that the petitioners have taken her with them. The victim lady submits that she has solemnized marriage with the petitioner and want to live with him.
5. The FIR is there, the petitioners will be facing trial, taking into account the aforesaid development as also the fact that they have no criminal antecedent, in that background, this Court is inclined to extend them the privilege of anticipatory bail.
6. Let the petitioners be released on bail, in the event of their arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Bajpatti P.S. Case No. 255 of 2024 to the satisfaction of learned Judicial Magistrate-1st Class, Pupri, Sitamarhi/competent jurisdiction subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.
Patna High Court CR. MISC. No.26860 of 2025(3) dt.11-07-2025 3/3 (i) one of the bailor should be the family member of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall co-operate in the investigation and make themselves available to the police as and when required;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.
7. Let the copy of the Aadhar Card of the petitioner be kept on record.
(Rajiv Roy, J) Ravi/- U