Niraj Rawat @ Niraj Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.50846 of 2025 Arising Out of PS. Case No.-215 Year-2025 Thana- Kavaiya District- Lakhisarai ====================================================== Niraj Rawat @ Niraj Kumar S/o Panjabi Mandal @ Shiv Shankar Prasad Mandal R/o Village- Naya Bazar, Chhoti Kabaiya, Lakhisarai, Ward No. 32, P.S.- Kabaiya, District- Lakhisarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Rabi Bhushan, Advocate For the Opposite Party/s :

Mr. Kumar Veerendra Narayan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 11-08-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending arrest in connection with Kabaiya P.S. Case No. 215 of 2025, dated 05.06.2025, lodged under Section 87 of the Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as "BNS, 2023")

3. As per the prosecution, FIR has been lodged against the present petitioner by the mother of the victim, alleging that the offence of kidnapping, inducement, and false promise of marriage involving her daughter has been committed by the petitioner.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel further submits that, from the contents of the FIR itself, it is evident that the mother of the alleged victim has disclosed that

Patna High Court CR. MISC. No.50846 of 2025(2) dt.11-08-2025 2/2 her daughter is 22 years old, meaning thereby that she is a major. Counsel further submits that the daughter of the informant has solemnized marriage with the petitioner, and they are living together happily. It is also submitted that the present bail application has been filed, along with an affidavit sworn by the alleged victim herself, in which she has stated that she is the wife of the petitioner.

5. Learned APP for the State opposes the prayer for bail of the petitioner and submits that the FIR indicates that the victim is a major.

6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of C.J.M., Lakhisarai, in connection with Kabaiya P.S. Case No. 215 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

(Dr. Anshuman, J.) Aman Kumar/- U T