Barun Kumar @ Varun Kumar Mahato v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55834 of 2025 Arising Out of PS. Case No.-183 Year-2024 Thana- SARAI RANJAN District- Samastipur ====================================================== Barun Kumar @ Varun Kumar Mahato S/O Late Chalitra Mahato R/O Village- Raypur Buzurg, Ward No.-20, P.S- Sarai Ranjan, DistrictSamastipur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Pranav Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 12-11-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Sarairanjan P.S. Case No. 183 of 2024 instituted for the offence under Sections 137(2) & 96 of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in a nutshell is that petitioner allegedly kidnapped the informant's daughter with ill intention. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.05.2025. Petitioner bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's

Patna High Court CR. MISC. No.55834 of 2025(3) dt.12-11-2025 2/3 counsel that petitioner has been falsely implicated in the present case. Referring to the statement of the victim recorded under Section 183 of the BNSS, 2023, it is submitted that there is no allegation of sexual assault against the petitioner and she was not taken by the petitioner forcefully. It is further submitted that there is no ingredients of Sections 137(2) & 96 against the petitioner. Learned counsel next submits that petitioner and victim has solemnized marriage. Charge sheet has already been submitted in this case under Sections 137(2) & 96 of the BNS, 2023.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no material against the petitioner even in the statement of the victim recorded under Section 183 of the BNSS, 2023 and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

8.

Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sarairanjan P.S. Case

Patna High Court CR. MISC. No.55834 of 2025(3) dt.12-11-2025 3/3 No. 183 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T