Chotu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36248 of 2026 Arising Out of PS. Case No.-136 Year-2025 Thana- BARACHATTI District- Gaya ====================================================== Chotu Kumar, aged about 24 yeas, Male, S/O Mohan Yadav, R/O Vill.- Padumchak, P.S- Barachatti, District- Gayaji ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

xx W/O Y R/O Vill.- Mudiyal , Post- Bhawan Dev ,P.S-Barachatti,DistGayaji ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Nand Kumar, APP For the Informant :

Mr. Anand Kishore Sinha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 21-07-2026 Heard learned counsel for the petitioner, learned APP for the State as well as perused the case diary and the statement of the victim under Section 183 of the BNSS.

2. The petitioner is in custody in a case registered for the offence punishable under Sections 137(2) and 140(3) of the BNS.

3. As per allegation in the FIR, it is a case of abduction of the daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that the petitioner is not named in the FIR and his name figured only on the basis of investigation of this case. From

Patna High Court CR. MISC. No.36248 of 2026(3) dt.21-07-2026 2/2 perusal of the statement of the victim girl recorded under Section 183 of the BNSS, it appears that the victim has stayed at Gaya for three days with the petitioner at her own will and she consented the physical relation with the petitioner. Petitioner has got clean antecedent as stated in para-3 of the petition and he is in custody since 10.08.2025. He next submits that the main allegation of making allurement the daughter of the informant is against Preeti Manji and not against this petitioner.

5. Learned APP for the State opposes the prayer for bail of the petitioner

6. In view of the aforesaid submissions as made by learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Sri Deopriya Kumar, Exclusive Special Judge, POCSO-cum-Additional Sessions Judge-VII, Gayaji in connection with Barachatti P.S. Case No.136 of 2025. (Ramesh Chand Malviya, J) Brajesh Kumar/- U T