Kush Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48639 of 2025 Arising Out of PS. Case No.-141 Year-2025 Thana- VAISHALI District- Vaishali ====================================================== Kush Kumar S/o Lakhindra Ram R/o village - Bedauliya , P.S. - Belsar, District - Vaishali ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Hemant Kumar, Advocate For the Opposite Party/s :

Mrs. Renu Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 23-09-2025 Heard Mr. Hemant Kumar, learned counsel for the petitioner and Mrs. Renu Kumari, learned APP for the State.

2. The petitioner seeks bail in connection with Vaishali P.S. Case No. 141 of 2025 instituted for the offences under Sections 64(1), 318(4), 126(2), 352, 115(2), 82(1) of the Bharatiya Nyaya Sanhita, 2023.

3. Accusation against the petitioner is of luring away the victim girl on the pretext of marriage.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that victim in her Statement recorded under Section 183 of the BNSS has specifically stated that she left her house on her own sweet will and this petitioner never gave any compulsion or threat to her. Learned counsel further submitted that victim is major and has

Patna High Court CR. MISC. No.48639 of 2025(3) dt.23-09-2025 2/2 refused to undergo medical examination. Learned counsel further submitted that police, after completion of investigation, submitted charge-sheet under Sections 69, 318(4) 126(2), 352, 115(2), 82(1) of the Bharatiya Nyaya Sanhita, 2023. It has been submitted on behalf of the petitioner that the petitioner is in custody since 19.03.2025 and has no criminal antecedent.

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

6. Considering the aforesaid facts and circumstances of the case, submission of charge-sheet under the aforesaid sections and Section 183 BNSS statement of the victim as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail 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 Vaishali P.S. Case No. 141 of 2025.

(Rudra Prakash Mishra, J) Alok Verma/- U T