Rishi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.82905 of 2024 Arising Out of PS. Case No.-255 Year-2024 Thana- RAJAPAKAR District- Vaishali ====================================================== Rishi Kumar, S/O Ramjiwan Rai @ Jivan Ray, Resident of Vill- Bhorhan (Bahora), P.S.- Mahua, Dist- Vaishali ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Santoshi Rai, S/o Late-Kuldeep Rai, R/O Village- Bhakhari Supayan, Ward No.-13, P.S- Rajapakar, Dist.- Vaishali.

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

For the Petitioner/s :

Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :

Mr. Syed Ehteshamuddin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 11-02-2025 Heard learned counsel for the petitioner and Mr. Syed Ehteshamuddin, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 140(3), 87 and 96 of the BNS, 2023.

3. The case of the prosecution is that the petitioner has kidnapped the minor daughter of the informant. During course of investigation the victim was recovered and she has stated in her statement under Sections 180 and 183 of the BNSS wherein she has sated that co-accused Ankit Kumar has called her on a shop and from there he took her to Hajipur in a car. The car was driven by Rishi (the petitioner). There she was kept in a rented

Patna High Court CR. MISC. No.82905 of 2024(4) dt.11-02-2025 2/2 room. She was not allowed to talk to anybody.

4. Learned counsel for the petitioner has submitted that the victim has categorically stated in her statement under Section 183 of the BNS Act that this petitioner was driving the vehicle. The petitioner is a man of clean antecedent. He is in custody since 31.07.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Rajapakar P.S. Case No. 255 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned C.J.M., Vaishali at Hajipur.

7. Accordingly, the present bail application stands allowed.

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