Dismissed

Rishi Kumar v. The State of Bihar

Patna HC8 May 2025CR. MISC./2418/2025

Case brief

AI extract

What is this about?

The High Court rejected the petitioner's application for anticipatory bail in an FIR for kidnapping and abducting a girl under Sections 363, 366A, and 34 IPC. Although the petitioner claimed the victim voluntarily accompanied him, the court relied on the prosecution's case and victim statements recorded under Section 164 CrPC. The court directed the petitioner to surrender to the trial court withi

What did the court decide?

Anticipatory bail rejected; direction to surrender to trial court within six weeks for regular bail consideration.

Rishi Kumar Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.2418 of 2025

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Arising Out of PS. Case No.-28 Year-2024 Thana- MATIHANI District- Begusarai

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======================================================

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Rishi Kumar, Son of Raju Das @ Rajo Das Resident of Village/ MohallaShankar Pur, Bakhadda, Ward No. 13, P.S.- Matihani, District- Begusarai

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr.Manoj Kumar Singh, Advocate For the Opposite Party/s : Mr.Sanjay Kumar Tiwary, APP

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======================================================

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CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER

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3 08-05-2025

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Heard learned Counsel for the petitioner and learned APP for the State.

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The petitioner is apprehending arrest in connection with Matihani P.S. Case No. 28/2024, arising out G.R. No. 797/2024 registered on 04.03.2024 for the offenses punishable under Sections 363, 366A and 34 of the Indian Penal Code.

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As per the prosecution's case, the petitioner is alleged to have kidnapped the daughter of the informant with the intention of marrying her.

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It is submitted by the learned counsel for the petitioner that the petitioner is innocent and has not committed any offence. It is further submitted that the petitioner has a clean antecedent. The learned counsel states that the victim has

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Patna High Court CR. MISC. No.2418 of 2025(3) dt.08-05-2025 2/3

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already been recovered and has voluntarily appeared before the police, wherein she categorically stated that no one had lured or forced her to accompany him, and she left her house of her own. It is also submitted that the denial of bail is likely to jeopardize the petitioner’s academic and professional career.

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On the other hand, the learned Additional Public Prosecutor (APP) for the State strongly opposes the prayer for bail. It is submitted that the statements of the victim, recorded under Sections 161 and 164 of the Cr.P.C., have been duly noted by the learned Sessions Judge in the order sheet. The learned APP further submits that the case diary reveals that the victim went to Kolkata at the instance of the petitioner. It is also pointed out that in her statement recorded under Section 164 Cr.P.C., the victim stated that the petitioner took her to Kolkata and later left her at the railway station.

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In this background, this Court is not inclined to grant bail to the petitioner. Accordingly, the prayer for bail of the petitioner in connection with Matihani P.S. Case No. 28/2024, arising out G.R. No. 797/2024, pending before the learned Judicial Magistrate, 1^st Class, Begusarai, is hereby rejected.

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However, it is directed that the petitioner shall

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Patna High Court CR. MISC. No.2418 of 2025(3) dt.08-05-2025 3/3

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surrender before the Trial Court within a period of six weeks from today. In case the petitioner surrenders within this period, the Trial Court is directed to pass an order on his surrender-cumbail application on the same day, without being prejudiced by the fact that the petitioner’s anticipatory bail has been rejected by this Court.

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(Dr. Anshuman, J)

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Ashwini/-

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U T

Rishi Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rishi Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

What the court decided

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