Surrender Rajbanshi @ Surendra Rajbanshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38832 of 2025 Arising Out of PS. Case No.-771 Year-2024 Thana- HISUWA District- Nawada ====================================================== Surrender Rajbanshi @ Surendra Rajbanshi S/O Ramji Rajwanshi R/O VillMaruya, P.S.- Hisua, District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Deo Raj, Advocate For the Opposite Party/s :
Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 14-08-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks regular bail in connection with Hisua P.S. Case No.771 of 2024, registered for the offences punishable under Sections 96, 137(2), 142, 351(2), 351(3) and 3(5) of Bharatiya Nyaya Sanhita.
3. The prosecution case, in brief, is that on 31.03.2024, this petitioner along with other accused persons kidnapped the minor daughter of the informant and in this regard, Hisua P.S. Case No. 214 of 2024 has been lodged against the accused persons by the informant. With the help of police, the daughter of the informant came back. It is further alleged that on 16.11.2024 again the accused persons including this petitioner forcibly took away the daughter of the informant
Patna High Court CR. MISC. No.38832 of 2025(3) dt.14-08-2025 2/3 and threatened the informant to withdraw Hisua P.S. Case No. 214 of 2024 otherwise her daughter will be killed.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case merely for the reason that petitioner is father of co-accused Sonu Rajwanshi. Further submission is that the victim in her statement recorded under Section 183 of B.N.S.S. has not made any allegation against the petitioner and she has clearly stated that no one has kidnapped her but she had gone outside her house on her own will. She has stated her age as 19 years, however, the Court has assessed her age about 18 years. It is submitted that the victim is major. Petitioner has no concern with the alleged occurrence. There is no chance of absconding of the petitioner or tampering with the evidence. It is also submitted that petitioner has one criminal antecedent which belongs to the same occurrence. Petitioner is in custody since 23.12.2024 and he undertakes to cooperate in the trial.
5. Learned APP for the State opposed the bail of the petitioner.
6. Considering the facts and circumstances of the case and the submissions of learned counsel for the parties, let the petitioner, above named, be released on bail on furnishing bail
Patna High Court CR. MISC. No.38832 of 2025(3) dt.14-08-2025 3/3 bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada in connection with Hisua P.S. Case No.771 of 2024.
(Sunil Dutta Mishra, J) Harish/- U T