Rahul Kumar Chaudhary @ Rahul Kumar @ Rahul Chaudhary v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30479 of 2025 Arising Out of PS. Case No.-379 Year-2024 Thana- PATNA CITY CHOWK District- Patna ====================================================== Rahul Kumar Chaudhary @ Rahul Kumar @ Rahul Chaudhary S/o Late Gopal Chaudhary R/o Village- Motihara, P.S.- Tunda, District- Gadwa (Jharkhand) At Present R/o Village- Bidhasagar School, P.S.- Chowk, District- Patna ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Mohan Ram S/o Late Nanak Ram R/o Village- Railway Quarter Chowk Shikarpur, P.S.- Chowk, District- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Jay Ram Prasad, Advocate For the Opposite Party/s :
Mr. Ram Naresh Ray, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-08-2025 Heard the parties.
2. The petitioner is in custody in connection with Special POCSO Case No. 340 of 2024 arising out of Chowk P.S. Case No.379 of 2024 for the offence punishable under sections 140(3) of B.N.S. and charge sheet submitted under Sections 140(3)/ 96/64 of B.N.S. and 4/6 of the POCSO Act lodged on 09.08.2024 by the informant, Mohan Ram.
3. As per the prosecution story, the informant alleged that his daughter went to school along with the step son. Rahul Kumar but failed to return. This led to the FIR.
4. Subsequently, during the investigation, both the Rahul Kumar and the girl were picked up and she made
Patna High Court CR. MISC. No.30479 of 2025(3) dt.06-08-2025 2/3 statement in the Court stating that both were in relationship, got married at Gaya and would like to go with her husband.
5. Learned counsel for the petitioner submits that they were in relationship, is only twenty two years of age and is in custody since 12.08.2024.
6. The informant has also appeared and according to him, pursuant to the development that has taken place, they have accepted the said facts.
7. Considering the submissions of the parties as also the age of the petitioner, he has remained in jail for long and has no criminal antecedent, in that background, this Court is inclined to extend him the privilege of bail with conditions.
8. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Sessions Judge- VII-cum- Special Judge POCSO, Patna in connection with Special POCSO Case No. 340 of 2024 arising out of Chowk P.S. Case No. 379 of 2024, subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
Patna High Court CR. MISC. No.30479 of 2025(3) dt.06-08-2025 3/3 (ii) the petitioner 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 his bail bond by the Trial Court itself;
(iii) the petitioner 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;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Raj Ranjan/- U T