Allowed¶7

Rohit Kumar @ Rohit Don v. The State of Bihar

Patna HC19 Apr 2025CR. MISC./5821/2025

Case brief

AI extract

What is this about?

Patna HC, Cr. Misc. No.5821/2025, order dt. 19-04-2025, Justice Ramesh Chand Malviya; bail granted under Sections 137(2) and 87 BNS 2023, Kadirganj P.S. Case No. 222/2024, Nawada; FIR alleged abduction of informant's minor daughter; case diary para-20 showed victim went voluntarily to Delhi on 19.09.2024, married petitioner, Section 183 BNSS statement recorded at Kadirganj police station reported no sexual assault or criminal force; bail bond Rs.10,000 with two sureties, CJM Nawada; petitioner in custody since 16.10.2024; APP opposed.

What did the court decide?

Release of the petitioner on bail on furnishing a bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each, to the satisfaction of the learned CJM, Nawada, in connection with Kadirganj P.S. Case No. 222 of 2024. ¶7

Rohit Kumar @ Rohit Don Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶7

Issue for consideration

Whether the petitioner, in custody since 16.10.2024 in Kadirganj P.S. Case No. 222 of 2024 (Nawada) for offences under Sections 137(2) and 87 of the BNS, 2023 on an FIR allegation of abducting the informant's minor daughter, is entitled to be released on bail.

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Court's answer

On perusal of the FIR, case diary and impugned order dated 19.11.2024, the court found from case diary para-20 that the victim herself stated she had been in love with the petitioner for the past year, that on 19.09.2024 she went to Delhi with him of her own consent and free will and they solemnized their marriage, and that in her Section 183 BNSS statement recorded at the Kadirganj police station she stated there was no sexual assault against her and nothing was noted about use of any criminal force; accordingly the court was inclined to grant bail.

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Ratio / Principle

The petitioner was ordered to be released on bail on furnishing a bail bond of Rs.10,000/- with two sureties of the like amount each, to the satisfaction of the learned CJM, Nawada, in connection with Kadirganj P.S. Case No. 222 of 2024.

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Detailed headnote1 paragraphs

Patna High Court (Ramesh Chand Malviya, J.), oral order dated 19-04-2025, Criminal Miscellaneous No.5821 of 2025 arising out of Kadirganj P.S. Case No. 222 of 2024 (District Nawada). Petitioner, in custody since 16.10.2024 for offences punishable under Sections 137(2) and 87 of the BNS, 2023, sought bail on an FIR allegation of abduction of the informant's minor daughter; his counsel submitted he was falsely implicated, that the victim went with him voluntarily, and that her Section 183 BNSS statement supported this. The APP opposed bail. On perusal of the FIR, case diary and impugned order dated 19.11.2024, the court noted from case diary para-20 that the victim stated she had been in love with the petitioner for the past year, went to Delhi with him of her own consent and free will on 19.09.2024 and solemnized marriage with him, and in her Section 183 BNSS statement recorded at the Kadirganj police station stated there was no sexual assault against her and no criminal force was noted. Considering all aspects, bail was granted on a bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned CJM, Nawada.

¶1

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.5821 of 2025

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Arising Out of PS. Case No.-222 Year-2024 Thana- Kadirganj P.S. District- Nawada

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

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Rohit Kumar @ Rohit Don Son of Faudi Mahto @ Fandeshwar Prasad Resident of Village- Dhewadha, P.S. Pakaribarawan, District- Nawada,

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Man Mohan Kumar, Advocate For the Opposite Party/s : Mr. Mohammed Arif, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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3 19-04-2025

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Heard learned counsel for the petitioner and learned

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APP for the State.

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The petitioner is in custody in a case registered for the offence punishable under Sections 137(2) and 87 of the BNS, 2023.

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As per allegation in the FIR, it is a case abduction of the minor daughter of the informant by the petitioner.

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Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case on the basis of suspicion. He next submits that victim had gone with the petitioner voluntarily and no one kidnapped her and this fact was also supported by the victim in her statement under Section 183 of the BNSS. Petitioner is in custody since 16.10.2024 and he has got no criminal antecedent as stated in para-3 of the petition.

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Patna High Court CR. MISC. No.5821 of 2025(3) dt.19-04-2025 2/2

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Learned APP for the State opposes the prayer for bail of the petitioner.

¶19

On perusal of the first information report, case diary and impugned order dated 19.11.2024, it appears that from perusal of para-20 of the case diary, the victim herself stated that she has been in love with the petitioner since last one year and dated 19.09.2024, she with her own consent and free will went to Delhi with the petitioner and they solemnized their marriage. In the meanwhile, police caught them and produced before the Kadirganj police station, where her statement was recorded under Section 183 of the BNSS and stated that no sexual assault against her and noting about use any criminal force, so considering all aspects of the matter, I am inclined to grant bail to the petitioner.

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Accordingly, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned CJM, Nawada in connection with Kadirganj P.S. Case No. 222 of 2024.

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(Ramesh Chand Malviya, J)

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Brajesh Kumar/- U T

Rohit Kumar @ Rohit Don v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Rohit Kumar @ Rohit Don v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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