Sumit Kumar Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74696 of 2024 Arising Out of PS. Case No.-22 Year-2024 Thana- KUCHILA District- Kaimur (Bhabua) ====================================================== Sumit Kumar Rai S/o Awadhesh Rai @ Jhablu Rai R/o Village- Mukharaon, P.S.- Kuchhila, District- Kaimur (Bhabhua) ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Satender Sharma S/O- Late Awdesh Sharma, Village- Mukharam, P.S.- Kuchhila , Kaimur(Bhabhua).

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Ms. Alka Panday, Adv.

For the Opposite Party/s :

Mr.Chandra Bhushan Prasad, APP For the informant :

Mr. Parwej Khan, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 18-01-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Kuchhila P. S. Case No. 22 of 2024 dated 01-08-2024, instituted for the offence punishable under Sections 96, 3(5) of B.N.S. 2023.

3. The prosecution case in short is that on 31-07-2024 at about 3.00 AM in the night, when the informant awoke due to electricity cut-of and went to the roof, he found his 16 years old sister missing and despite hectic search, she could not be traced out. It is further alleged that during course of search, the informant found that petitioner enticed her sister

Patna High Court CR. MISC. No.74696 of 2024(4) dt.18-01-2025 2/3 with the intention to marry her.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there was love affairs between the victim and the petitioner. From perusal of the FIR, it would appear that the victim left her house with the help of her Bhabhi, namely, Anita Devi. Learned counsel further submits that the statement of the victim has been recorded under Section 183 of the B.N.N.S wherein, she has not whispered any allegation of kidnapping against the petitioner. She has specifically stated that the petitioner has not committed any wrong act with her though she was more than 16 years. The petitioner is in custody since 08-08-2024 having no criminal antecedents.

5. Learned counsel for the informant and learned APP for the State have opposed the prayer for bail and submitted that victim is a minor girl. The prosecution witnesses have supported the allegations levelled against the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount to the satisfaction of the learned SDJM, Mohania (Kaimur) in

Patna High Court CR. MISC. No.74696 of 2024(4) dt.18-01-2025 3/3 connection with Kuchhila PS Case No. 22 of 2024.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T