Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32374 of 2025 Arising Out of PS. Case No.-828 Year-2024 Thana- MADHEPURA District- Madhepura ====================================================== Rahul Kumar S/o Ram Nandan Yadav, Resident of Murho, Ward No. 08, PSBharahi, District- Madhepura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Md Fazle Karim, Advocate For the Opposite Party/s :
Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-08-2025 Heard Learned Counsel for the petitioner and Learned APP for the State.
2. The present criminal miscellaneous application has been filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as 'the BNSS, 2023') for grant of anticipatory bail to the petitioner who apprehends arrest in connection with Madhepura P.S. Case No. 828 of 2024, lodged on 22.07.2024, under Section 96 of the Bhartiya Nyay Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against the sole petitioner against whom allegation is that he has kidnapped the daughter of the informant with a view to marry.
4. Learned Counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel
Patna High Court CR. MISC. No.32374 of 2025(3) dt.13-08-2025 2/3 submits that the alleged victim has been recovered and in her statement under Section 183 of the B.N.S.S. she has not disclosed anything against the petitioner; rather she has disclosed that she with her consent went with the petitioner and subsequently, she narrated before the Court that she entered into marriage and wants to live in her sasural. Learned Counsel further submits that due to intervention of the well-wishers of the family, both the parties sat together and filed a joint application intimating that they are not interested to continue this case and also not interested to sue each other.
5. Learned APP for the State opposes the prayer for bail of the petitioner but fairly submits that in the case-diary the statement of the victim has come under Section 183 of the B.N.S.S. in which she has not alleged anything against the present petitioner.
6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of Chief Judicial Magistrate, Madhepura, in
Patna High Court CR. MISC. No.32374 of 2025(3) dt.13-08-2025 3/3 connection with Madhepura P.S. Case No. 828 of 2024, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J) Mkr./- U T