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2025 DAILYLAW 29073 (PAT)

Rahul Kumar v. The State of Bihar

CR. MISC./19870/2025 · 2025-07-11

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19870 of 2025 Arising Out of PS. Case No.-280 Year-2023 Thana- ITARHI District- Buxar ====================================================== Rahul Kumar S/o Kamlesh Singh @ Kamlesh Kushwaha R/o vill - Purshotampur, P.S.- Itarhi, Distt.- Buxar ... ... Petitioner/s Versus 1. The State of Bihar 2. Geeta Devi W/o Sunil Nat R/o vill - Purshotampur, P.S.- Itarhi, Distt.- Buxar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 21572 of 2025 Arising Out of PS. Case No.-280 Year-2023 Thana- ITARHI District- Buxar ====================================================== Raushan Kumar @ Roushan Kumar Singh S/O Madan Singh R/O vill - Purshotampur, P.S - Itrahi, Dist.- Buxar ... ... Petitioner/s Versus 1. The State of Bihar 2. Geeta Devi W/O Sunil Nat R/O vill - Purshotampur, P.S - Itrahi, Dist.- Buxar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 19870 of 2025) For the Petitioner/s : Mr. Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhyay, A.P.P. (In CRIMINAL MISCELLANEOUS No. 21572 of 2025) For the Petitioner/s : Mr. Dr. Kamal Deo Sharma, Advocate For the Opposite Party/s : Mr. Jharkhandi Upadhyay, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 11-07-2025 Both the above mentioned cases are being disposed of by a common order. 2. Heard learned counsel for the petitioners and Patna High Court CR. MISC. No.19870 of 2025(3) dt.11-07-2025 2/3 learned A.P.P. for the State. 3. Petitioners seek regular bail in connection with Itarhi P. S. Case No. 280 of 2023 in a case registered for the offences punishable under Sections 363, 366(A) of the Indian Penal Code and Sections 4, 6, 8 of the Protection of Children from Sexual Offences Act. 4. As per the prosecution case, these petitioners are alleged to have kidnapped minor daughter of the informant for the purpose of marriage. Victim is minor and in her statement, recorded under Section 164 Cr.P.C., she has supported the factum of kidnapping. 5. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this case merely because they are co-villagers of the informant and share some minor dispute with him. Petitioners claim clean antecedent and they are in custody since 18.09.2024. 6. Learned A.P.P. for the State vehemently opposed the bail application and submitted that as per the trial court report, out of ten charge-sheeted witnesses, nine have already been examined and the trial is likely to be concluded within 45 days. 7. Considering nature of accusation, statement of the Patna High Court CR. MISC. No.19870 of 2025(3) dt.11-07-2025 3/3 victim and stage of trial, prayer for bail of the petitioners is rejected. Navya/- (Prabhat Kumar Singh, J) U T