Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43151 of 2025 Arising Out of PS. Case No.-275 Year-2023 Thana- BARH District- Patna ====================================================== Rajnish Kumar S/o Birendra Ram R/o Village- Purvi Malahi, PS- Barh, DisttPatna ... ... Petitioner/s

Versus

The State of Bihar .. ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kundan Kumar Ojha, Adv For the Opposite Party/s :

Mrs. Sharda Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 27-08-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Barh P.S. Case No. 275 of 2023 registered for the offences punishable u/s 363 of the I.P.C. and subsequently Section 366A of the I.P.C. was added.

3. As per the prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage.

4. Learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated in this case. It is next submitted that there was love affair between the petitioner and the victim girl and they have solemnized

Patna High Court CR. MISC. No.43151 of 2025(3) dt.27-08-2025 2/3 marriage and one child has born out of their wedlock. It has further been submitted that the statement of the victim girl was recorded under Section 164 of the Cr. P.C., wherein she has clearly stated that she was in love with the petitioner and she was not kidnapped rather she had gone with the petitioner out of her own sweet will and she also disclosed her age as 19 years. It is further submitted that the victim was not forced or seduced to have illicit intercourse with another person. The petitioner has clean antecedent as stated in para 3 of the bail petition. The petitioner is in custody since 19.02.2025.

5. Learned A.P.P. for the State has vehemently opposed the bail petition of the petitioner.

6. Considering the aforesaid facts and circumstances of the case as well as the nature of allegation levelled against the petitioner and the period of custody, the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Patna, in connection with Barh P.S. Case No. 275 of 2023, with a condition/s:- (i). The petitioner is directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the

Patna High Court CR. MISC. No.43151 of 2025(3) dt.27-08-2025 3/3 bail bond of the petitioner is liable to be cancelled.

7. The application stands allowed.

(Chandra Prakash Singh, J) Jyoti/- U T