Rajnish Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33341 of 2025 Arising Out of PS. Case No.-16 Year-2025 Thana- PACHMAHLA District- Patna ====================================================== Rajnish Kumar S/o Arvind Mahto @ Arvind kumar R/o Vill- Rampur, Dumara, P.S.- Pachmahala, Distt- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ashok Kumar Kashyap, Adv.
For the Opposite Party/s :
Md. Matloob Rab, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 13-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. In the present case, the petitioner seeks bail in connection with Panchmala P.S. Case No. 16 of 2025, registered for the offences under Sections 137(2), 96, 3(5) of the BNS.
3. As per the prosecution case, the minor daughter of the informant was enticed away by the petitioner with the help of other co-accused persons.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The victim girl was recovered and her statement under Section 183 of the BNSS was recorded wherein she stated that she herself left her house on 14.02.2025 and went to the house of her paternal aunt (fua) and while she
Patna High Court CR. MISC. No.33341 of 2025(3) dt.13-08-2025 2/3 had been going to Prayagraj on 14.02.2025 she got down at Hatidah Station where she met the petitioner who told her to return to her home. The statement of the victim girl shows the petitioner has no role in her kidnapping. Learned counsel further submits that petitioner is a student of B.A. Part III and is aged about 20 years. The petitioner is in custody since 17.02.2025 and he has no criminal antecedent. Charge sheet has been submitted.
5. Learned A.P.P. appearing for the State opposes the submission made on behalf of the petitioner. Learned A.P.P. submits that victim girl is minor and it has come during investigation that there was love affair between the petitioner and the victim girl and the petitioner enticed her away.
6. Having regard to the fact and circumstances and submission made on behalf of the parties and considering the statement of the victim girl recorded under Section 183 of the BNSS absolving the petitioner of any wrongful act and also considering his period of custody and submission of charge sheet, the petitioner is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) each with two sureties of the like amount each to the satisfaction of learned ACJM-III, Barh, Patna/concerned court,
Patna High Court CR. MISC. No.33341 of 2025(3) dt.13-08-2025 3/3 in connection with Panchmala P.S. Case No. 16 of 2025, subject to the condition laid down under Section 480(3) of the BNSS and other following conditions:
(i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial court.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) anuradha/- U T