Aryan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55175 of 2025 Arising Out of PS. Case No.-96 Year-2024 Thana- ALOULI District- Khagaria ====================================================== Aryan Kumar, Gender-male, aged about 25 years, Son of Haribol Chaudhary, Resident of Village-Cherekhera Tola Mohraghat, P.S.- Alauli, DistrictKhagaria, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Singh, Advocate For the Informant :
Mr. Ranjeet Kumar Singh, Advocate Mr. Raja Muchkund Kumar, Advocate For the State :
Mr. Shyameshwar Dayal, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 27-08-2025 Heard Mr. Shailendra Kumar Singh, learned counsel appearing on behalf of the petitioner; Mr. Ranjeet Kumar Singh, learned counsel for the informant and Mr. Shyameshwar Dayal, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Alauli P.S. Case No. 96 of 2024, G.R. No. 728 of 2024, registered for the offence punishable under Sections 363 and 365 of the Indian Penal Code.
3. Considering the nature of allegation made in the
Patna High Court CR. MISC. No.55175 of 2025(2) dt.27-08-2025 2/3 FIR, as well as, the fact that the victim has not supported the prosecution story and the only opposition made on behalf of the informant is that victim is minor, in such circumstances, I find that the petitioner, who is aged about 25 years, has, prima facie, made out a case to be released on pre-arrest bail.
4. The petitioner, above named, is directed to be released on pre-arrest bail, in the event of his/her arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Khagaria, in connection with Alauli P.S. Case No. 96 of 2024, G.R. No. 728 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.
5. The custody of the victim is required to be decided by the learned District Court in view of the deferring opinion of the medical board, which has assessed the age of the victim to be 19 years and as per the documentary evidence, her age is between 15 to 17 years.
6. The learned District Court is directed to verify the criminal antecedent of the petitioner as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner as what has been stated in
Patna High Court CR. MISC. No.55175 of 2025(2) dt.27-08-2025 3/3 paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T