Raju Kumar @ Raju Chaudhary v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38510 of 2025 Arising Out of PS. Case No.-72 Year-2024 Thana- MAHILA PS District- Aurangabad ====================================================== Raju Kumar @ Raju Chaudhary S/o Late Umesh Chaudhary R/o VillageBara, P.S.- Nawadih, District- Palamu, Jharkhand ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nitu Kumari S/o Dilip Chaudhary R/o Village- Ketaki Shivmath, P.O.- Ketaki, P.S.- Deo, District- Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bhaskar Shankar, Advocate For the Informant : Mr. Vishwa Ranjan Chaudhary, Advocate For the State :

Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 30-01-2026 Heard Mr. Bhaskar Shankar, learned counsel for the petitioner, Mr. Vishwa Ranjan Chaudhary, learned counsel for the Informant and Mr. Pramod Kumar Pandey, learned APP for the State.

2. Petitioner seeks bail, who is in custody since 22.01.2026, in connection with Mahila P.S. Case No. 72 of 2024, F.I.R. dated 27.11.2024 registered for the offences punishable under Sections 376, 506, 34 of the Indian Penal Code.

3. Vide order dated 08.08.2025, the petitioner has been granted provisional bail for a period of three months.

4. Learned counsel for the petitioner submits that after

Patna High Court CR. MISC. No.38510 of 2025(5) dt.30-01-2026 2/3 completion of period, the petitioner surrendered before the learned Court below on 22.01.2026 and now he is in judicial custody. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. In fact, the petitioiner was in love with the victim girl and as per undertaking given by the petitioner that he is ready to perform the marriage with the victim. A counter affidavit has been filed on behalf of Opposite Party No. 2 personally sworn by the victim, namely, Nitu Kumari, who happens to be now the wife of the petitioner in which stated that she has performed the marriage with the petitioner on 29.10.2025.

5. Learned counsel for the Informant appears and fairly submits that the Opposite Party No. 2 has performed marriage with the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner has performed the marriage with the victim/Opposite Party No. 2 and Opposite Party No. 2 has filed an affidavit stating therein that she has performed the marriage with the petitioner, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.38510 of 2025(5) dt.30-01-2026 3/3 satisfaction of learned S.D.J.M., Aurangabad in connection with Mahila P.S. Case No. 72 of 2024, subject to the following conditions :-

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

Ibrar//- (Rajesh Kumar Verma, J) U T