Krishnachandra Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55031 of 2025 Arising Out of PS. Case No.-32 Year-2025 Thana- KASMA District- Aurangabad ====================================================== Ravi Kumar S/o Shir Ram Prasad Sharma R/o vill- Sarawak, P.S.- Kasma, Distt.- Aurangabad, Bihar ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Abhishek Kumar S/o Late Damodar Prasad R/o vill- Saravak, P.S.- Kasma, Distt.- Aurangabad, Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Aman Vishal, Adv For the Opposite Party/s :

Mr.Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 16-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with Kasma P.S Case No. 32 of 2025 dated 21.03.2025 registered for the offences punishable under Sections 140(3) of the Bhartiya Nyaya Sahnita, 2023.

3. As per allegation in the FIR, petitioner along with other accused persons had kidnapped the informant's minor sister.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that his name has been figured only on the basis of

Patna High Court CR. MISC. No.55031 of 2025(3) dt.16-10-2025 2/3 suspicion except that there is no allegation against the petitioner. Moreover, no cogent material found against the petitioner. He further submits that petitioner has neither committed rape upon victim nor has he sexually assaulted her. The petitioner has not committed any wrongful acts with victim. He further submits that the alleged occurrence has been committed in morning of 20.03.2025 around 6 AM whereas the present case has been lodged in evening of next day i.e., afternoon of 21.03.2025 for which no satisfactory explanation has been provided by the informant. He further submits that during the course of investigation, no independent witnesses have supported the case of prosecution as alleged by the informant. It is also submitted that petitioner is in judicial custody since 16.06.2025 having clean antecedent.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, case diary, statement of the victim under Section 183 of BNSS and impugned order dated 11.07.2025, It appears that victim has met Ravi (Petitioner) at Rafiganj Railway Station and from their they both with their free will went to Delhi to his maternal uncle's house but next day only they returned back. Moreover, victim girls had deposed

Patna High Court CR. MISC. No.55031 of 2025(3) dt.16-10-2025 3/3 in her statement that she with her own free will went with petitioner and petitioner had not committed any type of sexual assault with the victim girl. So, considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Kasma P.S. Case No. 32 of 2025.

(Ramesh Chand Malviya, J) Sunnykr/- U