Rohit Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65031 of 2025 Arising Out of PS. Case No.-171 Year-2025 Thana- RANIGANJ District- Araria ====================================================== Rohit Kumar S/o Shankar Mandal R/o Village- Hingna, Ward No. 11, P.S.- Raniganj, District- Araria, (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Kumar Ravish, Advocate For the Opposite Party/s :
Mr.Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 17-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Raniganj P.S. Case No. 171 of 2025 registered for the offences under Sections 96 and 3(5) of the BNS.
3. As per prosecution case, minor daughter of the informant went missing and in course of search, the informant came to know about the petitioner who enticed her minor daughter away with intention of marriage.
4. Learned counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The victim girl was recovered and her statement under Section 183 of BNSS was recorded wherein she stated that she was in love with the petitioner and
Patna High Court CR. MISC. No.65031 of 2025(2) dt.17-09-2025 2/3 left her house on her own. They solemnized marriage in a temple in Jogbani. Learned counsel further submits that the informant has also realised her mistake and filed a petition before the court of learned ACJM, Araria acknowledging that her daughter had voluntarily left the house and the petitioner was innocent. The voluntary act of the daughter of the informant is also apparent from the FIR that she herself went away taking with her Rs. 10,000/- in cash and gold ornaments. There is no material on record to show that the petitioner induced or forced the minor daughter of the informant to go with him. The petitioner himself is the boy of age 19 years having clean antecedent. Petitioner is in custody since 13.05.2025 and charge-sheet has been submitted.
5. Learned A.P.P. opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the consensual nature of act of the daughter of the informant and her age when a girl develops sufficient maturity and also considering the period of custody of the petitioner along with his clean antecedent and submission of charge-sheet, the petitioner above named is directed to be released on bail on
Patna High Court CR. MISC. No.65031 of 2025(2) dt.17-09-2025 3/3 furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Araria/ concerned court in connection with Raniganj P.S. Case No. 171 of 2025, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T