Rahul Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79812 of 2024 Arising Out of PS. Case No.-520 Year-2024 Thana- MOTIHARI TOWN District- East Champaran ====================================================== Rahul Kumar Son of Jokhan Baitha Resident of Village- Chainpur, P.S.- Raxaul, Distt.- East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X, Resident of Village Dumari Govind, P.S. Patahi, East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarvesh Kashyap, Advocate For the Opposite Party/s :

Mr. Uday Chand Prasad, APP For the Informant :

Mr. Md. Najmul Hodda, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 27-03-2025 Heard learned counsel for the petitioner, learned counsel for the informant and learned APP for the State.

2. The petitioner seeks bail in connection with Town P.S. Case No. 520 of 2024 instituted for the offences under Sections 69, 115(2), 351(3) of the BNS.

3. Accusation against the petitioner is of sexually exploiting the informant for the last two years on the pretext of marriage.

4. Learned counsel for the petitioner submitted that the

Patna High Court CR. MISC. No.79812 of 2024(4) dt.27-03-2025 2/3 petitioner is innocent and has not committed any offence as alleged in the FIR and has falsely been implicated in the present case. Learned counsel further submitted that the victim has lodged the FIR in order to pressurize the petitioner to solemnize marriage with her. Learned counsel further submitted that even medical report does not support the allegation against the petitioner. Police after investigation submitted charge-sheet under Sections 69, 115(2), 351(3) of the BNS and 4 of the POCSO Act. It has been submitted on behalf of the petitioner that the petitioner is in custody since 25.08.2024 and has no criminal antecedent.

5. Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

6. Considering the aforesaid facts and circumstances of the case, medical evidence and charge-sheet submitted by the police after investigation as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner.

7. Let the petitioner be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court

Patna High Court CR. MISC. No.79812 of 2024(4) dt.27-03-2025 3/3 below/concerned Court in connection with Town P.S. Case No. 520 of 2024.

(Rudra Prakash Mishra, J) Alok Verma/- U T