Patna High CourtCR. MISC./72868/2025bail rejected

Daresh Kumar v. The State Of Bihar

2026-01-21Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.72868 of 2025 Arising Out of PS. Case No.-97 Year-2025 Thana- BOKHRA District- Sitamarhi ====================================================== Daresh Kumar, S/o Chhedi Sahani, R/o Village- Shambhuta Dih, P.S.- Aurai, District- Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pushpendra Kumar Singh, Advocate Ms. Divya Bharti, Advocate For the Opposite Party/s :

Mr. Shantanu Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-01-2026

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Bokhra P.S. Case no.97 of 2025 registered under sections 132(2) and 96 of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the minor daughter of the informant was kidnapped by the petitioner.

4. Learned counsel for the petitioner submits that the victim returned and her statement was recorded under section 183 of the B.N.S.S., 2023 wherein she has stated that she went with the petitioner out of her own free will and married him. The petitioner is in custody since 19.7.2025 and has no criminal antecedent. Charge-sheet has been submitted in the case.

5. The prayer for bail is opposed by learned A.P.P for

Patna High Court CR. MISC. No.72868 of 2025(3) dt.21-01-2026 2/2 the State who submits that the date of birth of the victim being 11.5.2011, she was only 14 years of age on the date of occurrence. It is thus submitted that her consent is of no legal value.

6. Having heard learned counsel for the parties and taking into consideration the allegation against the petitioner in the F.I.R. and especially the age of the victim on the date of occurrence being 14 years 1 months (approx.), the Court is not inclined to enlarge the petitioner on bail and the application is rejected.

7. Liberty is granted to the petitioner to renew his prayer for bail after six months or on framing of charge, whichever is later.

(Partha Sarthy, J) avinash/- U T