Rohit Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.44596 of 2025 Arising Out of PS. Case No.-65 Year-2025 Thana- KORHA District- Katihar ====================================================== Rohit Kumar S/o- Late Lal Bihari Mahto @ Late Bihari Lal Mahto Resident of Village-Nakkipur PS- Korha, Dist- Katihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhola Prasad, Advocate For the Opposite Party/s :

Mr. Amitesh Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. Petitioner is in custody in a case registered for the offence punishable under Sections 137(2), 96, 351(2) of the B.N.S.

3. As per the prosecution case, it is alleged that petitioner had kidnapped the daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has falsely been implicated in this case. He next submits that the informant's daughter has gone with the petitioner with her own sweet will and she herself has admitted in her statement which was recorded under Section 183 of B.N.S.S. that she use to talk with the petitioner and she herself had gone with the petitioner. He next submits that there is no any allegation of sexual assault against the petitioner and there is also no allegation of kidnapping against the petitioner.

Patna High Court CR. MISC. No.44596 of 2025(3) dt.03-09-2025 2/2 He next submits that petitioner is in custody since 17.03.2025 and has got two criminal antecedents but fairly submits that he is on bail as stated in para-3 of the bail petition.

5. Learned APP for the State opposes the prayer for Regular bail of the petitioner.

6. On perusal of the First Information Report, case diary along with the statement of the victim recorded under Section 183 of B.N.S.S as well as impugned order dated 29.05.2025, it appears that the informant's daughter/victim has stated that she herself gone with the petitioner with her own sweet will and there is no any allegation of kidnapping as well as sexual assault against the petitioner. So, considering the facts and circumstances of the case as well as the submissions made by learned counsel for the petitioner, let the above named petitioner be released on bail, on his furnishing bail bonds of Rs.10,000/-(Ten thousand) with two sureties of the like amount each to the satisfaction of learned Learned Chief Judicial Magistrate, Katihar in connection with Korha P.S. Case No.65 of 2025.

(Ramesh Chand Malviya, J) Harshita/- U T