Patna High Court
Rajesh JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
Bail was granted to the petitioner on the condition of a Rs.10,000 bond and two sureties.
Summary
Petitioner Rajesh Jha was arrested in a case alleging abduction of a minor for marriage, under Sections 137(2) and 96 of the BNS, 2023. The petitioner contended that he was falsely implicated, was not named in the FIR, and that the minor voluntarily went with the alleged abductor, denying any kidnapping or sexual assault. The victim also refused a medical examination and made no statement against the petitioner. The petitioner had been in custody for more than nine months and possessed a clean antecedent. The State opposed bail, but the Court, considering the lack of substantive evidence and the prolonged detention, ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner given the allegations of abduction and the evidence (or lack thereof) presented.
- Whether the prolonged pre‑trial custody of over nine months warrants bail.
Legislation cited
- BNS, 2023 — s. 137(2), 96
Subjects
- bail
- abduction
- kidnapping
- minor
- false implication
- criminal procedure
- pre‑trial detention
- medical examination
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1098 of 2026
Arising Out of PS. Case No.-394 Year-2024 Thana- BALIYA District- Begusarai
======================================================
Rajesh Jha, male, aged about 26 years, Son of Late Sugand Jha @ Late
Sugandh Jha @ Late Sugandha Jha @ Sugandha Jha, Resident of Village-
Sanha East (Sanha), (Sanha purab tola), P.S.- Sahebpur Kamal, District-
Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sandip Kumar Gautam, Advocate
For the Opposite Party/s : Mr. Madan Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND
MALVIYA
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner, learned
counsel for the State and perused the case diary.
2. The petitioner is in custody in a case registered for
the offence punishable under Sections 137(2) and 96 of BNS,
2023.
3. As per allegation in the FIR, it is case of abduction
of the minor daughter of the informant by Prince Kumar for the
purpose of marriage.
4. Learned counsel for the petitioners submits that the
petitioner has falsely been implicated in this case and the
petitioner is not named in the FIR. He next submits that victim
has not been kidnapped by anyone rather she went to Howarah
Patna High Court CR. MISC. No.1098 of 2026(2) dt.15-01-2026
2/2
by her own sweet-will and she has not whispered anything
against this petitioner on the point of kidnapping and she has
categorically stated that no one has committed any sexual
assault as stated in para-10 of the petition and also the fact the
victim has refused to go for medical examination. Petitioner has
got clean antecedent as stated in para-3 of the petition and he is
in custody since 09.03.2025.
5. Learned APP for the State opposes the prayer for
bail of the petitioner.
6. In view of the aforesaid facts and circumstances as
well as the fact that petitioner is in custody for more then nine
months, so 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 Shri Om
Prakash, Judicial Magistrate, 1st Class, Begusarai/concerned
Court in connection with Ballia (Baliya) P.S. case No. 394 of
2024.
(Ramesh Chand Malviya, J)
Brajesh Kumar/-
U T
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