Dasrath Kumar @ Dashrath Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.81559 of 2025 Arising Out of PS. Case No.-199 Year-2025 Thana- BAKHARI District- Begusarai ====================================================== Dasrath Kumar @ Dashrath Kumar S/O Arjun Mahto R/O VillageBahorchak, Ward No. 9, P.S- Bakhri, Distt.- Begusarai. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Lalbabu Paswan S/O Shyam Nandan Paswan R/O Village- Bahorchak Ward No. 07, P.S- Bakhri, Distt.- Begusarai.

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

For the Petitioner/s :

Mr.Bhola Prasad, Advocate For the Opposite Party/s :

Mr.Sadanand Paswan, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 20-02-2026 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2. The petitioner seeks bail in connection with Bakhri P.S. case No. 199 of 2025, instituted for the offences under Sections 137(2), 87, 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. Allegation against the petitioner is that he has kidnapped the daughter of the informant.

4. Learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the present case. Learned counsel for the petitioner submitted that general and omnibus allegation has been made against the

Patna High Court CR. MISC. No.81559 of 2025(4) dt.20-02-2026 2/3 petitioner. Learned counsel further submitted that, as a matter of fact, victim is a married lady. He further submitted that in the statement recorded u/s 183 of BNSS, the victim accepted that she had a relation with the petitioner and the petitioner got her Khagaria Court for marriage before the Notary public, where her parents has caught her and lodged the present F.I.R. It has been submitted on behalf of the petitioner that the petitioner is in custody since 24.05.2025 and has no criminal antecedent.

5. Learned A.P.P. for the State vehemently opposed the prayer for grant of bail to the petitioner. Learned APP further submitted that victim in her statement recorded under Section 183 of the BNSS has corroborated the contents of the FIR. The victim has stated in her statement that petitioner has abducted her and performed marriage without her consent. After completion of the investigation, the I.O of this case has submitted Charge-sheet u/s 96 of the B.N.S, u/s 4/8 of POCSO Act and u/s 3(1)(R)(S) of the SC/ST Act. The victim is a minor girl. Therefore, the petitioner does not deserve to be released on bail.

6. Considering the aforesaid facts and circumstances of the case, nature and gravity of offence, this Court is not inclined to grant bail to the petitioner at this stage.

Patna High Court CR. MISC. No.81559 of 2025(4) dt.20-02-2026 3/3

7. Accordingly, the prayer for grant of bail to the petitioner is, hereby, rejected.

8. Learned Trial Court is directed to expedite the trial.

9. However, liberty is granted to the petitioner to renew the prayer for grant of bail before the Trial Court if the trial is not concluded within a period of six months from today. If any such application is filed before the learned court below, the court concerned shall consider the same on its own merit without being prejudiced by this order.

(Rudra Prakash Mishra, J) manish/- U T