Rajnish Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85635 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- KINJAR District- Jehanabad ====================================================== Rajnish Kumar Son of Manoj Sao Resident of Village- Ibrahimpur, P.S.- Kinjar, Distt.- Arwal ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Choubey Jawahar, APP For the Informant :

Mr. Ashok Kumar Gupta, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 06-03-2025 Heard Mr. Mani Shankar Kumar, learned counsel for the petitioner, Mr. Ashok Kumar Gupta, learned counsel for the informant and Mr. Choubey Jawahar, learned APP for the State.

2. The petitioner seeks bail in connection with Kinjar P.S. Case No. 85 of 2024 instituted for the offences under Section 366A of the Indian Penal Code and Section 8 of the POCSO Act.

3. Accusation against the petitioner is of luring away the victim girl on the pretext of marriage.

4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that victim in her Statement recorded under Section 164 of the Cr.P.C. has

Patna High Court CR. MISC. No.85635 of 2024(4) dt.06-03-2025 2/3 specifically stated that she left her house on her own sweet will and this petitioner never gave any compulsion or threat to her. He further submitted that nothing has been whispered against the petitioner in Section 164 Cr.P.C. statement of the victim. It has been submitted on behalf of the petitioner that the petitioner is in custody since 12.06.2024 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, there being no material against the petitioner in Section 164 Cr.P.C. statement of the victim 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 below/concerned Court in connection with Kinjar P.S. Case No. 85 of 2024, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date

Patna High Court CR. MISC. No.85635 of 2024(4) dt.06-03-2025 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

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