Raja Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40269 of 2026 Arising Out of PS. Case No.-11 Year-2026 Thana- TANDWA District- Aurangabad ====================================================== Raja Kumar S/o Kapil Ram R/o Village - Sita Bigha, P.S - Tandwa, District - Aurangabad ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XX S/o Kameshwar Ram R/o Village - Sita Bigha, P.S - Tandwa, District - Aurangabad ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Nirmala Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 96, 137 (2) of the BNS, 2023 and sections 8 and 12 of POCSO Act.

3. The case of the prosecution is that the petitioner has kidnapped the minor daughter of the informant.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that from the perusal of order of learned trial court, it is clear that victim has given her statement under section 183 of BNSS whereas she has

Patna High Court CR. MISC. No.40269 of 2026(2) dt.23-06-2026 2/3 categorically stated that she is living with the petitioner and she does not want to live with her parents. Learned counsel for the petitioner has submitted that there is no allegation of any forceful sexual act. She has further submitted that she was on talking terms with the petitioner from last one year. As the family members came to know about the relationship, they started beating her that is why she fled away with the petitioner to Chennai and solemnized marriage with him. He has further submitted that the date of birth of the victim is 16.08.2008 whereas the date of occurrence is 10.02.2026. He has further submitted that this goes to show that the victim was approaching majority and petitioner is also aged about 19 years.

He has further been submitted that it is a case of romantic relationship between the petitioner and the victim who was approaching majority. A statement has been made in para-3 that the petitoner is having no criminal antecedent. Moreover, the petitioner is languishing in judicial custody since 24.03.2026.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named

Patna High Court CR. MISC. No.40269 of 2026(2) dt.23-06-2026 3/3 petitioner is directed to be released on bail in connection with Tandwa P.S. Case No. 11 of 2026 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-VI Cum The Special Exclusive Judge (POCSO) Civil Court, Aurangabad.

(Ashok Kumar Pandey, J) Sneha/- Dolly/- U T