Raja Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 45249 of 2026 Arising Out of PS. Case No.-55 Year-2026 Thana- NAUTAN District- West Champaran ====================================================== Raja Kumar, Son of Dashrath Sahni, Resident of Village- Dakshin Teluha, P.S.- Nautan, District- West Champaran.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Brij Kishor Mishra, Advocate For the Opposite Party/s :
Mr. Bishweshwar Ram, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 22-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending his arrest in connection with Nautan P.S. Case No.55 of 2026 registered under Sections 137(2), 87 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (in short 'BNS').
3. As per FIR, petitioner alleged to kidnap the minor daughter of informant aged about 15 years for the purpose of illicit intercourse/marriage with another persons.
4. It is submitted by learned counsel appearing for the petitioner that the daughter of informant was in love with this petitioner and as her love affair with petitioner was not approved by informant and other family members, this
Patna High Court CR. MISC. No. 45249 of 2026(2) dt.22-07-2026 2/3 petitioner was implicated falsely with the present case. It is further submitted that this fact can be gathered safely from the statement of victim which was recorded under Section 183 of the BNSS, where she categorically stated that she was in love with this petitioner and out of said love she accompanied petitioner to Jaipur. It is also stated thereof that from her statement it can be gathered safely that she left her parental home on her own, and no physical relationship was established with this petitioner, while she was with him at Jaipur. Moreover, petitioner claimed clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submissions and by taking note of fact as allegation qua sexual assault/kidnapping was totally negated by victim while recording her statement under Section 183 of the BNSS against the petitioner, accordingly, the petitioner above-named, who is a man of clean antecedent, is directed to be released on bail, in the event of her arrest or surrender in the court below within a period of four weeks, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate,
Patna High Court CR. MISC. No. 45249 of 2026(2) dt.22-07-2026 3/3 Bettiah, West Champaran in connection with Nautan P.S. Case No.55 of 2026, subject to the conditions as laid down under Section 438(2) of the CrPC/under Section 482(2) of the BNSS.
(Chandra Shekhar Jha, J.) Raushan/- U T