Sanjay Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.75597 of 2025 Arising Out of PS. Case No.-102 Year-2022 Thana- KALYANPUR District- East Champaran ====================================================== Sanjay Rai Son of Ramyash Rai R/o Village - Shambhuchak, P.S. - Kalyanpur, District - East Champaran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Chhathi Devi Wife of Surendra Rai R/o Manira, P.S. - Kalyanpur, District -East Champaran.

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

For the Petitioner/s :

Mr. Patanjali Rishi, Advocate For the Opposite Party/s :

Mr. Brajendra Nath Pandey, A.P.P.

====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 23-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. However, despite the direction to have inform the infomant/O.P. No. 2 through the concerned Superintendent of Police/S.H.O, no one appears on behalf of the Opposite Party no. 2

3. The petitioner seeks bail in a case registered for the offence punishable under Sections 363, 366A and 34 of the I.P.C and Section 8 of POCSO Act.

4. As per the prosecution case, petitioner along with the co-accused persons are alleged to have kidnapped the minor daughter of the informant by enticing her on pretext of marriage.

5. Learned counsel for the petitioner submits that allegation made against the petitioner of having kidnapped the

Patna High Court CR. MISC. No.75597 of 2025(4) dt.23-02-2026 2/2 daughter of the informant by enticing her on the pretext of marriage is absolutely false. As a matter of fact, the victim had eloped with one Ranjit Rai out of her own will and even married him. The statement of the victim girl after her recovery has been recorded both under Sections 161 and 164 of Cr.P.C which indicates that victim aged about 20 years had gone with one Ranjit Kumar Rai with her own will and has even married him and is leading a peaceful conjugal life with him with two children out of the wedlock and the present case has been filed against the innocent persons.

6. Learned APP for the State opposed the bail petition.

7. Taking into consideration the facts and circumstances of the case and also considering the statement of the victim herself negating the factum of kidnapping and that too the thrust of allegation, if any, being on co-accused Ranjit Kumar Rai, the above named petitioner is directed to be enlarged on bail 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 Court below where the case is pending/successor Court in connection with Kalyanpur P.S. Case No. 102 of 2022.

(Soni Shrivastava, J) vashudha/- U T