Jyoti Raj @ Jyotish Kumar @ Jyotish Mahto v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42124 of 2025 Arising Out of PS. Case No.-21 Year-2025 Thana- LAKHISARAI District- Lakhisarai ====================================================== Jyoti Raj @ Jyotish Kumar @ Jyotish Mahto S/O Krishnandan Mahto @ Krishna Mahto R/O Village- Kakan, P.S. and Distt.- Jamui. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan, Advocate For the Opposite Party/s :

Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-09-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Lakhisarai P.S. Case No. 21 of 2025 instituted for the offence under Sections 137(2) & 96 of the Bharatiya Nyaya Sanhita, 2023.

3.

As per prosecution case, accusation against the petitioner along with other co-accused is that they kidnapped the minor daughter of the informant for the purpose of marriage. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 29-04-2025. Petitioner bears two criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

Patna High Court CR. MISC. No.42124 of 2025(4) dt.22-09-2025 2/3 5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel submits that petitioner never kidnapped the daughter of the informant and as a matter of fact, it is submitted that there is love affair between the petitioner and the daughter of the informant. As per medical report, there is no sign of external or internal injury. Referring to statement of the victim recorded under Section 183 of the BNSS, 2023, it is submitted that victim has not whispered anything against the petitioner. Charge sheet has already been submitted in this case. 6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, taking into account the fact that victim has not whispered anything against the petitioner in her statement recorded under Section 183 of the BNSS, 2023 and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Lakhisarai P.S. Case

Patna High Court CR. MISC. No.42124 of 2025(4) dt.22-09-2025 3/3 No. 21 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T