Rajesh Kumar @ Rajesh Kumar Sau v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.33604 of 2025 Arising Out of PS. Case No.-74 Year-2024 Thana- JAMALPUR District- Darbhanga ====================================================== Rajesh Kumar @ Rajesh Kumar Sau S/o Pramod Sau @ Pramod Saw R/o Village Ramnagar PS Lakhisarai Distt. Lakhisarai ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mahesh Kumar, Advocate For the Opposite Party/s :
Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 06-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. The petitioner seeks bail in connection with Jamalpur P.S. Case No.74 of 2024 dated 13.10.2024, instituted for the offence punishable under Sections 137(2) and 96 of the BNS.
3. The prosecution case, in short, is that on 11.10.2024 at 11.00 am informant's minor daughter namely Sonam Kumari went to grocery shop of her village to bring some articles, but she did not return. It is further alleged that when the informant checked her mobile then she found that one call came from unknown number i.e., 8603530744 and when she called on the said mobile number then it was told from the other side that he (call receiver) is calling from Lakhisarai and informant's
Patna High Court CR. MISC. No.33604 of 2025(3) dt.06-08-2025 2/3 daughter is with him. He has made informant's daughter sit on the train of Saharsa. When informant's daughter did not return then informant once again called on the said mobile number, then the call receiver told her that he will come with her daughter to her house but neither her daughter nor the call receiver came at her house.
4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that petitioner is aged about 20 years and there was love affairs between petitioner and daughter of informant. The petitioner did not kidnap the daughter of informant. It is next submitted that statement of the victim (informant's daughter) was recorded under Section 183 of the B.N.S.S. in which she has clearly stated that she herself went to Saharsa by bus and from there she went to Begusarai, where she met with the petitioner. Thereafter, both of them went to Lakhisarai and solemnized marriage. As per the medical report, on the basis of radiological findings, the doctor has opined the age of victim to be between 16 to 17 years. Lastly, it has been submitted that the petitioner is in custody since 11.02.2025, he has no criminal antecedents and charge-sheet has been submitted in the case.
Patna High Court CR. MISC. No.33604 of 2025(3) dt.06-08-2025 3/3
5. Learned A.P.P. has opposed the prayer for bail of the petitioner.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned J.M.- I, Darbhanga, Camp Court, Benipur in Jamalpur P.S. Case No.74 of 2024. (Khatim Reza, J) Sankalp/- U T