Barun Kumar Rai @ Barun Kumar Harijan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47160 of 2025 Arising Out of PS. Case No.-210 Year-2023 Thana- JOKIHAT District- Araria ====================================================== Barun Kumar Rai @ Barun Kumar Harijan S/o Jeevan Lal Harijan R/o Debhra Ward no 9, P.S.- Jokhihat, District- Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. N. K. Agrawal, Sr. Advocate Mr.Kumar Rajdeep, Advocate M/s Diksha Kumari, Advocate For the Opposite Party/s :

Mr.Braj Kishore Pd.(APP) ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 30-07-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner who apprehends arrest in connection with Jokihat P.S. Case No. 210 of 2023 lodged 07.05.2023, for the offences punishable under sections 363, 366A, 34 of the Indian Penal Code.

3. As per the prosecution case, the F.I.R. has been lodged against two named accused, including the present petitioner, alleging that the petitioner kidnapped the informant's daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. It is further submitted that the victim has already been recovered and has recorded her statement under Section 164 of the Cr.P.C.,

Patna High Court CR. MISC. No.47160 of 2025(2) dt.30-07-2025 2/2 wherein she has categorically stated that she was in a love relationship with the petitioner for the past four years. She has also stated that, as her parents did not approve of the relationship, she voluntarily went to Gujarat with the petitioner and solemnized marriage with him of her own free will. This fact has also been noted in the rejection order passed by the learned Principal District and Sessions Judge, Araria, while rejecting the petitioner's earlier prayer for bail.

5. Learned APP for the State opposes the prayer for bail.

6. In the facts and circumstances, let the above named petitioner be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the Jokihat P.S. Case No. 210 of 2023, in connection with CJM, Araria, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.

(Dr. Anshuman, J) Ashwini/- U T