Ravi Shankar Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36238 of 2025 Arising Out of PS. Case No.-245 Year-2024 Thana- NAUHATTA District- Rohtas ====================================================== Ravi Shankar Kumar S/o Kamlesh Mehata @ Kamlesh Kumar Mehata Resident of Vill.- Belonza, P.S.- Nauhatta, Distt.- Sasaram Rohtas ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Babita Kuwar W/o Late Santosh Sah Resident of Vill.- Belonza, P.S.- Nauhatta, Distt.- Sasaram Rohtas ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmendra Kumar Singh, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP For the Informant :

None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 03-09-2025 Heard Mr. Dharmendra Kumar Singh, learned counsel for the petitioner, Mrs. Renu Kumari, learned APP for the State and perused the case diary. Despite valid service of notice, none appears on behalf of the informant.

2. The petitioner seeks bail in connection with Nauhatta P.S. Case No. 245 of 2024, instituted for the offences punishable under Sections 137(2), 96 of the Bharatiya Nyaya Sanhita, 2023 and later on Section 4/6 of the POCSO Act was added.

3. The prosecution case, in short, is that the petitioner has allegedly enticed the informant's minor daughter and eloped with her with an intention of marriage.

Patna High Court CR. MISC. No.36238 of 2025(5) dt.03-09-2025 2/3

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. Learned counsel for the petitioner also submits that the allegation levelled against the petitioner is general and omnibus in nature. It is next submitted that the victim has not mentioned specifically anything against the petitioner in her statement recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023. It is further submitted that the victim has denied for her medical examination. The petitioner is in custody since 16.12.2024 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 after framing of charge, if not already framed on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Nauhatta P.S. Case No. 245 of 2024, subject

Patna High Court CR. MISC. No.36238 of 2025(5) dt.03-09-2025 3/3 to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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