Ajay Kumar @ Ajay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.57564 of 2025 Arising Out of PS. Case No.-579 Year-2022 Thana- SURSAND District- Sitamarhi ====================================================== Ajay Kumar @ Ajay Rai S/o Sikindar Rai R/o Village - Sundarpur, P.S - Sursand, District - Sitamarhi ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jitendra Rai @ Jitendra Kumar S/o Vashishth Rai R/o Village - Sundarpur, P.S - Sursand, District - Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Mr. Hans Lal Kumar, Advocate For the State :

Ms. Pushpa Sinha 1, APP For the Informant :

Mr. Santosh Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-11-2025 Heard learned counsel appearing on behalf of the petitioner, learned APP appearing on behalf of the State and learned counsel for the informant/Opposite Party No. 2.

2. The petitioner apprehends his arrest in a case registered for the offence punishable under Sections 363, 366A and 34 of the Indian Penal Code and Section 8 of the POCSO Act.

3. As per prosecution case, it is alleged that on 04.11.2022, all the F.I.R. named accused persons, including this petitioner, kidnapped the minor daughter of informant when she had gone to her school.

4. It is submitted by learned counsel appearing on

Patna High Court CR. MISC. No.57564 of 2025(3) dt.10-11-2025 2/3 behalf of the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, during course of investigation, the victim was recovered and in her statement recorded under Section 164 of the Cr.P.C. she has denied the factum of kidnapping and has specifically stated that she, out of her own sweet will, left her parental house and had already solemnized marriage with this petitioner. Petitioner claims clean antecedents.

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

6. Considering the facts and circumstances of the case, nature of accusation, statement of the victim recorded under Section 164 of the Cr.P.C. and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional District Judge-VI, Sitamarhi in connection with Sursand P.S. Case No. 579 of

Patna High Court CR. MISC. No.57564 of 2025(3) dt.10-11-2025 3/3 2022, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T