Dharmendra Kumar @ Mahi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.73203 of 2025 Arising Out of PS. Case No.-330 Year-2022 Thana- BARAUNI District- Begusarai ====================================================== Dharmendra Kumar @ Mahi S/O Chaman Lal Resident of Village- Gadaipur, Industrial Town, P.S- Chouki No.- 08, Distt.- Jalandhar (Punjab). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Shaishav Kumar, Adv.

Mr. Sumit Kumar Singh, Adv.

For the Informant :

Mr. Sandip Kumar Gautam, Adv.

For the Opposite Party/s :

Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 13-01-2026 Heard Mr. Shaishav Kumar, learned counsel for the petitioner; Mr. Sandip Kumar Gautam, learned counsel for the informant and Mr. Nand Kishore Prasad, learned APP for the State.

2. The petitioner has prayed for bail in connection with Barauni P.S. Case No. 330 of 2022 registered for the offence punishable under Sections 363, 366A and 506 of the Indian Penal Code.

3. The case of the prosecution in short is that the minor daughter of the informant had gone for a morning walk at 04:30 AM, and from there, she was kidnapped.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has

Patna High Court CR. MISC. No.73203 of 2025(3) dt.13-01-2026 2/3 committed no offence. He has been falsely implicated in this case. Learned counsel for the petitioner submits that during the course of investigation, the victim has given her statement recorded under Section 164 of the Cr.P.C., wherein she has stated that the petitioner has called her at 03:00 AM on the same day, and on his call, she went for a walk. The petitioner has come to meet the victim all the way from Jalandhar, and after that, he took the victim to Jalandhar. She has further stated that she went to many places with the petitioner while she was in Jalandhar. She called her father, and afterward she recovered.

Learned counsel for the petitioner also submits that from the perusal of the statement of the victim, it is clear that she was neither kidnapped nor abducted and the purpose was not for marriage. The petitioner is the brother-in-law in relation to the victim, and the victim has not alleged any kind of sexual assault or that she was compelled to marry anybody. It has also been submitted that these allegations do not attract, as she was never forced or seduced into illicit intercourse with another person nor with the petitioner. He further submits that the petitioner is languishing in judicial custody since 27.07.2025.

5. The application for bail is vehemently opposed by the learned counsel for the informant and learned APP for the

Patna High Court CR. MISC. No.73203 of 2025(3) dt.13-01-2026 3/3 State and submits that the victim is a minor and she has stated that she was abused.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Begusarai in connection with Barauni P.S. Case No. 330 of 2022.

(Ashok Kumar Pandey, J) Sudhanshu/- U T