Rahul Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57308 of 2025 Arising Out of PS. Case No.-118 Year-2025 Thana- MURLIGANJ District- Madhepura ====================================================== Rahul Kumar son of Ramchandar Yadav Village- Narhaiya, Ward no. 01, PsChhatapur, Dist- Supaul ... ... Petitioner/s
Versus
1.
The State of Bihar bihar 2.
Poonam Devi wife of Raman Yadav Resident Of Village - Dinapatti, Ward no. 5, Ps- Murliganj, Dist- madhepura ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjay Kumar Singh For the Opposite Party/s :
Mr.Shantanu Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 21-01-2026 Heard learned counsel for the parties.
2. The petitioner apprehends his arrest in connection with Murliganj P.S. Case No.118 of 2025, registered for the offence punishable under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita.
3. Allegedly, on 19.03.2025 at about 05:30 A.M., the informant's daughter went out for a walk and did not return. Upon making a search, the informant came to know that the petitioner, in collusion with others, had kidnapped her daughter.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the present case. It is further submitted that the victim is a major and had married the petitioner out of her own free will and is presently residing with him. It is further submitted that, on perusal of the statement of the victim recorded under Section 183
Patna High Court CR. MISC. No.57308 of 2025(3) dt.21-01-2026 2/3 of the BNSS, it is evident that the victim is 19 years of age. She has categorically stated that due to threats of dire consequences by her family members, she left her house at about 01:00 A.M. at night and at about 03:30 A.M, she called the petitioner and they got married at Shiv Mandir. Thereafter, they went to Bangalore and stayed there for about 8-10 days, and on coming to know that case has been registered against the petitioner and his family members, she returned to Madhepura and from the station, she was recovered by the police. The victim has further stated that there was no coercion in the marriage and that she does not wish to go with her parents. She has clearly expressed her desire to stay with the petitioner and his family. Lastly, it is submitted that the petitioner has no criminal antecedents.
5. Learned APP for the State has opposed the prayer for bail of the petitioner.
6. Be that as it may, since the victim had married the petitioner out of her own will and she is major, let the above named petitioner, be released on bail, in the event of his arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st,
Patna High Court CR. MISC. No.57308 of 2025(3) dt.21-01-2026 3/3 Madhepura/Successor Court in connection with Murliganj P.S. Case No.118 of 2025, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:
(i) One of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/her/their bail bond by the Trial Court itself; (iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Ajit Kumar, J) shikha/- U T