Chhotu Kumar @ Chotu Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.49214 of 2025 Arising Out of PS. Case No.-1015 Year-2023 Thana- SHERGHATI District- Gaya ====================================================== Chhotu Kumar @ Chotu Kumar Son of Gopal Yadav Village - Parsa Kala, P.S.-Cherki, District -Gaya ... ... Petitioner/s
Versus
1 .
The State of Bihar 2.
Nikki Kumari Daughter of Vinay Yadav village- Dhab Chiraiya Kushi, PsSherghati, Dist- Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Durgesh Nandan, Advocate For the Opposite Party/s :
Mr. Mohammad Sufyan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 29-08-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State .
2. Petitioner seeks regular bail in a case registered for the offences punishable under Sections 363 A and 366 of the Indian Penal Code .
3 . Informant namely , Basanti devi alleged that on 22.09.2023 , daughter of informant had gone for study but did not return and upon search , informant could not trace out her daughter. Informant suspects that this petitioner along with other co-accused persons kidnapped her daughter for the purpose of marriage .
4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.49214 of 2025(2) dt.29-08-2025 2/2 there was love affair between the petitioner and victim and during course of investigation , the victim stated before the police that she was in love with this petitioner. The age of the victim is 19 years old and during medical examination , no sign of rape was found.
5 . Learned counsel for the State opposed the bail of this petitioner and submitted that there is specific accusation against this petitioner that he along with other co-accused persons kidnapped informant for the purpose of marriage . The victim in her statement recorded under section 164 Cr. PC has stated in categorical terms that this petitioner forcibly kidnapped her and made obscene video of victim and threatened her to make video viral on social media .
6. Considering the 164 Cr. PC statement of the victim, nature and seriousness of accusation and gravity of offence, prayer for bail of the petitioner is rejected. (Prabhat Kumar Singh, J) Koushik/- U T