Krishan Kumar @ Krishna Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.40406 of 2025 Arising Out of PS. Case No.-68 Year-2025 Thana- DHORAIYA District- Banka ====================================================== Krishan Kumar @ Krishna Kumar S/o Manoj Mandal Resident of VillageJogdiha, P.s- Dhoraiya, District-Banka ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Guddi Devi W/o Babulal Mandal Resident of Village-Jogdiha, P.sDhoraiya, District-Banka ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sudhir Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Tarkeshwar Nath Thakur, APP For the Informant :

Mr. Najmul Hodda, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 30-10-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the informant. Perused the case diary.

2. The petitioner seeks bail in connection with Dhoraiya P.S. Case No. 68 of 2025 (P.T.N. No. 824 of 2025) instituted for the offences under Sections 126(2), 115(2), 96, 352, 351(2), 3(5) of the B.N.S. and Section 8 of the POCSO Act.

3. As per prosecution case, the petitioner along with another co-accused person enticed away the informant's minor daughter.

4. Learned counsel for the petitioner submits that the

Patna High Court CR. MISC. No.40406 of 2025(6) dt.30-10-2025 2/3 petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case due to old enmity and dirty village politics. Learned counsel for the petitioner further submits that the victim girl in her statement recorded under Section 180 of the B.N.S.S. has clearly stated that she on her own will went to Mumbai with the petitioner and has not made any specific allegation of any overt act against the petitioner. The petitioner has no criminal antecedent and is languishing in judicial custody since 13.03.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State and the Informant have vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged is serious in nature as the victim girl is minor. The Investigating Officer, after completion of investigation, has submitted charge-sheet against the petitioner for offence under Sections 96 of the B.N.S. and Section 8 of the POCSO Act.

6. Having heard rival contention of both the parties and considering the entire facts and circumstances of the case as also taking into account the period of custody of the petitioner and the petitioner having no criminal antecedent, let the petitioner, abovenamed, be released on bail on furnishing bail

Patna High Court CR. MISC. No.40406 of 2025(6) dt.30-10-2025 3/3 bonds of Rs.15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhoraiya P.S. Case No. 68 of 2025 (P.T.N. No. 824 of 2025).

(Rudra Prakash Mishra, J) rishi/- U T