Aakash Kumar Rai @ Aakash Kumar Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.82536 of 2025 Arising Out of PS. Case No.-193 Year-2025 Thana- THAKURGANJ District- Kishanganj ====================================================== Aakash Kumar Rai @ Aakash Kumar Rai S/O Mohan Kumar Rai @ Mohan Roy R/O Village- Bholabhitta, P.O.- Chaital, P.S.- Thakurganj, Dist.- Kishanganj.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Kumar, Adv.
For the Opposite Party/s :
Mr. Md. Anzarul Haque Sahara, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 03-12-2025 Heard the parties.
2. The petitioner is in custody in connection with Thakurganj P.S. Case No. 193 of 2025 for the offence punishable under sections 137(2)/96/3(5) of the BNS.
3. As per the prosecution story, the informant alleged that her daughter was found missing and it came to notice that this petitioner has taken her away. This led to the FIR.
4. Learned counsel for the petitioner submits that they were in relationship, showing her age as minor, he has been made to suffer. The girl returned and has not alleged anything against him.
5. Learned APP opposes the prayer for bail submitting that the girl is minor.
Patna High Court CR. MISC. No.82536 of 2025(2) dt.03-12-2025 2/3
6. Considering the submissions of the parties as also the perusal of learned Sessions Judge order which shows that the girl upon return has not recorded anything against the petitioner, he is in custody since 10.09.2025 and do not have criminal antecedent, FIR is there, he shall be facing the music, in that background, this Court is inclined to extend him the privilege of bail with conditions.
7. Let the petitioner be released on bail on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Court of CJM, Kishanganj in connection with Thakurganj P.S. Case No. 193 of 2025 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for
Patna High Court CR. MISC. No.82536 of 2025(2) dt.03-12-2025 3/3 cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Vijay Singh/- U T