Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.39021 of 2025 Arising Out of PS. Case No.-37 Year-2025 Thana- HALSI District- Lakhisarai ====================================================== Rahul Kumar S/o Tuntun Ram, R/o Village- Banwaripur, P.S.- Bhagwanpur, Distt- Begusarai.

... ... Petitioner

Versus

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

For the Petitioner :

Mr. Randhir Kumar No 1, Advocate For the State :

Mr. Shyameshwar Dayal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. In the present case, the petitioner seeks bail in connection with Halsi P.S. Case No. 37 of 2025, registered for the offences punishable under Sections 137(2) and 96 of the BNS read with Section 3(5) of the BNS.

3. As per the prosecution case, the minor daughter of the informant and her friend went out to fill up some form, but did not return till late night. Subsequently, the name of the petitioner transpired as one of the accused persons who enticed away the minor daughter of informant and her friend.

4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and he has falsely been implicated in the present case. The FIR has been lodged after a delay of almost 35 hours, but there is no explanation for

Patna High Court CR. MISC. No.39021 of 2025(2) dt.25-06-2025 2/3 the said delay. The statement of the victim girls were recorded and in their statement recorded under Section 183 of the BNSS, they stated that they left the house of the informant on their own and went to Secunderabad, where one of the girls solemnized marriage with the petitioner. Learned counsel further submits that the victim girl was in love with the petitioner and for this reason she left her house with her friend and went to the place of the petitioner. It is not the case that petitioner came and took away the victim girl with him to the place of his residence. Learned counsel further submits that the petitioner is a young boy aged about 24 years and without any fault of his, he is in custody since 25.03.2025. Learned counsel lastly submits that petitioner is having clean antecedent and chargesheet has been submitted.

5. Learned A.P.P. appearing on behalf of the State opposes the submission made on behalf of the petitioner and submits that the victim girl was minor and her assessed age also shows that she was minor at that time.

6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the voluntary nature of the act of victim girls and also considering the submission of chargesheet in this case and period of custody

Patna High Court CR. MISC. No.39021 of 2025(2) dt.25-06-2025 3/3 of the petitioner, the petitioner, above-named, is directed to be released on bail, on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Lakhisarai / concerned Court, in connection with Halsi P.S. Case No. 37 of 2025, subject to the condition laid down under Section 480(3) of the B.N.S.S. and other following conditions:

(i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below, if so required by the learned trial Court.

(iii) In case of non-appearance of the petitioner on single date or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned.

(Arun Kumar Jha, J) Shahnawaz/- U T