Rakesh KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.29938 of 2026
                   Arising Out of PS. Case No.-488 Year-2021 Thana- RUNISAIDPUR District- Sitamarhi
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                 Rakesh Kumar S/o Ram Ekbal Sah @ Ram Ekwal Sah R/o Village
                 -Tilaktajpur, P.S. -Runnisaidpur, Dist. - Sitamarhi.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Santosh Kumar, Advocate
                 For the Opposite Party/s :       Mr. Ajit Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

3   24-06-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner has preferred this application for

                   grant of regular bail in connection with Runnisaidpur P.S. Case

                   No. 488 of 2021 registered for the offences punishable under

                   Section 366/34 I.P.C.

                                3. As per the prosecution case, the daughter of the

                   informant, who is the victim in the present case, had gone to the

                   CSP Centre of Bank of India to apply for an ATM card but did

                   not return home thereafter. Upon query with her friends, the

                   informant came to know that the petitioner had allegedly taken

                   away his daughter on a motorcycle. It has further been alleged

                   that the family members of the petitioner were also involved in

                   the kidnapping of the victim.
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                       4. Learned counsel for the petitioner has submitted

          that the petitioner is innocent and has been falsely implicated in

          the present case. It has further been submitted that the FIR was

          initially lodged for the offence punishable under Sections 366

          and 34 of the Indian Penal Code. However, upon completion of

          the investigation, the charge-sheet was submitted under Sections

          366, 504, 506, and 34 of the Indian Penal Code as well as

          Section 6(E) of the IT Act. Learned counsel further submits that

          the victim is a major lady.

                       5. Learned counsel for the petitioner has drawn

          attention of this Court to the statement of the victim recorded

          under Section 164 Cr.P.C., which was called for by order dated

          07.05.2026, that she had gone to the CSP Centre for submitting

          an application for an ATM card and on the way, the petitioner

          met her and requested that he would drop her at her house. It

          was a very sunny day, the victim sat on the motorcycle as the

          petitioner was riding it. Thereafter, he gave the victim a cold

          drink, after which she became unconscious and was taken to a

          house in which the parents of the petitioner were also present.

                       6. Referring to the statement recorded under Section

          183 of the B.N.S.S., learned counsel for the petitioner has

          submitted that the victim, on one occasion, obtained a
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          screenshot from the petitioner's mobile phone, through which

          she shared her location with her father, thereafter her father

          reached the place, which was in Delhi.

                       7. Learned counsel for the petitioner has further

          submitted that the victim was a major lady and she was

          allegedly taken from Sitamarhi to Delhi. It has been contended

          that she had several opportunities to raise hue and cry, but she

          did not do so. Learned counsel has further submitted that she

          appears to have been a consenting party and that, due to

          pressure from her parents, her statement under Section 164

          Cr.P.C. was recorded in the manner alleged. It has further been

          submitted that the victim returned to her house on her own

          along with her father and at the time of her recovery, the local

          police was not present there. It has also been submitted that

          there is no allegation of sexual assault against the petitioner and

          the victim refused to her medical examination. Lastly, it has

          been submitted that the petitioner has got one criminal

          antecedent in which he is on bail and he is in custody since

          05.01.2026.

                       8. Learned APP for the State has vehemently opposed

          the prayer for bail of the petitioner.

                       9. Heard the parties and perused the record.
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                                     10. Considering the facts and circumstances of the

                        case, let the petitioner above-named, be enlarged on bail on

                        furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)

                        with two sureties of the like amount each to the satisfaction of

                        learned Court concerned, Sitamarhi, in connection with

                        Runnisaidpur P.S. Case No. 488 of 2021.

                                     11. The application stands allowed.



                                                   (Praveen Kumar, J)
Sahil/-

U         T