Allowed

Raja Kumar v. The State of Bihar

Patna HC16 Apr 2025CR. MISC./3084/2025

Case brief

AI extract

What is this about?

Bail application under BNS Sections 137(2) and 140(3) regarding a missing minor. The victim's Section 183 BNSS statement supported the petitioner's version; charge sheet was filed. Considering custody period and absence of over act allegations, the court granted bail.

What did the court decide?

Petitioner released on bail on furnishing bail bonds of Rs. 10,000 with two sureties of like amount each to the satisfaction of the court below.

Raja Kumar Vs The State of Bihar — Bail and Remand | Patna HC (2025)

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3084 of 2025

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Arising Out of PS. Case No.-47 Year-2024 Thana- Chitragupta Nagar District- Patna

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

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Raja Kumar S/O Shashi Kant Yadav R/O Mohalla- Indrapuri, Road no.- 10, near Udai Chowk, P.S.- Patliputra, Dist.- Patna.

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Rupesh Kumar, Advocate For the Opposite Party/s : Mr. Tarun Prasad Mandal, APP

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

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CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA

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ORAL ORDER

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3 16-04-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

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2. The petitioner seeks bail in connection with Chitragupta Nagar P.S. Case No. 47 of 2024 instituted for the offence under Sections 137(2) & 140(3) of the Bharatiya Nyaya Sanhita, 2023.

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3. Prosecution case in short is that the informant's 17year-old daughter went missing on 26-10-2024 after leaving home around 9:00 AM to buy medicine. Despite efforts to locate her, she did not return.

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Patna High Court CR. MISC. No.3084 of 2025(3) dt.16-04-2025 2/3

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4. It has been submitted on behalf of the petitioner that the petitioner is in custody since 31-10-2024. Petitioner bears one criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

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5. It has been further submitted by the petitioner’s counsel that petitioner has been falsely implicated in the present case. It is submitted that petitioner was initially not named in the FIR, but during investigation, petitioner was seen accompanying the victim. Victim in her statement recorded under Section 183 of the BNSS, 2023 has falsified the prosecution case and deposed that victim has gone with the petitioner at her own volition. Charge sheet is submitted in this case.

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6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that victim is minor and her consent is not admissible in the eye of law.

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7. Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no allegation of over act against the petitioner in the statement of the victim and charge sheet being submitted, this Court is inclined to grant bail to the petitioner.

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8. Let the petitioner be released on bail on

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Patna High Court CR. MISC. No.3084 of 2025(3) dt.16-04-2025 3/3

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furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Chitragupta Nagar P.S. Case No. 47 of 2024.

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(Rudra Prakash Mishra, J)

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Raj Kishore/- U T

Raja Kumar v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Raja 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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