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2026 DAILYLAW 9446 (PAT)

Rahul Kumar v. The State of Bihar

CR. MISC./7560/2026 · 2026-04-01

Sunil Dutta Mishra

body2026

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7560 of 2026 Arising Out of PS. Case No.-59 Year-2024 Thana- JITNA District- East Champaran ====================================================== Rahul Kumar S/o Heera Lal Shah @ Hira Lal Sah Resident of Village - Bijban Udho Shah Tola, P.S. - Jitna, District - East Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Madhurendra Kumar, Advocate For the Opposite Party/s : Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 3 01-04-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. The petitioner apprehends his arrest in a case registered under Sections 137, 87, 352 and 3(5) of the Bharatiya Nyaya Sanhita. 3. It is alleged that the accused persons including the petitioner kidnapped the daughter of the informant. 4. Learned counsel appearing on behalf of the petitioner submits that petitioner is innocent and has falsely been implicated in the present case due to mala fide intention and ulterior motive. Further submission is that the victim in her statement recorded u/s 183 of B.N.S.S. has not made any allegation against the petitioner and has stated that she, on her own will, went with the petitioner. Now both the petitioner and the informant are major. They have solemnized their marriage, having a baby girl, and are residing together as wife and Patna High Court CR. MISC. No.7560 of 2026(3) dt.01-04-2026 2/2 husband. No custodial interrogation of petitioner is required. It is further submitted that petitioner is aged about 23 years and has got no criminal antecedent. He undertakes to cooperate in the trial. 5. Learned A.P.P. for the State opposed the prayer for bail. 6. Having considered the facts and circumstances of the case, submissions of learned counsel for the parties, statement of the victim recorded u/s 183 of B.N.S.S., nature of allegation, age of the petitioner and his clean antecedent, let the above named petitioner be released on bail, in the event of arrest or surrender before the learned court below within a period of six weeks from today, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned 6th District and Additional Sessions Judge-cum-Exclusive Special Judge, POCSO Act, Motihari, East Champaran in connection with Jitna P.S. Case No. 59 of 2024, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. utkarsh/- (Sunil Dutta Mishra, J) U T