Patna High Court
Raja KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SANDEEP KUMAR
Holding
The court did not grant bail but ordered the petitioner to seek regular bail from the lower court, contingent on the victim’s confirmation of marriage and children.
Summary
Raja Kumar filed an application fearing arrest in a kidnapping case (PS Rosera Case No. 255 of 2023) involving offences under Sections 363, 365, 366 and 34 of the Indian Penal Code. The prosecution alleges that he abducted the victim girl, while the petitioner contends he is innocent, asserting that he has married the victim and they have two children. The petitioner’s counsel sought bail, arguing that the marriage and children negate any flight risk. The State opposed the bail application. The High Court disposed of the bail application, directing the petitioner to approach the lower court for regular bail and indicating that bail may be granted if the victim confirms the marriage and children; otherwise, appropriate orders will follow.
Issues considered
- Whether the petitioner is entitled to bail pending trial in a kidnapping case under IPC §§363, 365, 366, 34.
- Whether the existence of a marriage and children between the petitioner and the alleged victim influences the grant of bail.
Legislation cited
- Indian Penal Code — s. 34, 363, 365, 366
Subjects
- bail
- kidnapping
- Indian Penal Code
- marriage
- victim
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57828 of 2025
Arising Out of PS. Case No.-255 Year-2023 Thana- ROSERA District- Samastipur
======================================================
Raja Kumar S/O Shambhu Das R/O Hanuman Nagar, Ward No.11, P.S -
Mohiuddin Nagar, District- Samastipur, Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Naresh Sharma S/O Late Laxmi Sharma @ Late Lakshmi Sharma R/O
Village- Hirmiya, Ward No.-04, P.S- Rosera, Dist.- Samastipur (Bihar).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Vinay Kumar Mishra
For the Opposite Party/s : Mr. Raj Ballabh Singh
For the O.P. No. 2 : Ms. Usha Kumari
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 20-02-2026 Heard the learned counsel for the petitioner and
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Rosera P.S. Case No. 255 of 2023 registered for offences under
Sections 363, 365, 366 and 34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that the petitioner and the victim have got
married and they have two children.
5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.57828 of 2025(5) dt.20-02-2026
2/2
the prayer for bail.
6. In view of the submissions of the learned counsel
for the petitioner, this application is disposed of with liberty to
the petitioner to approach the Court below and pray for regular
bail. If the victim supports the factum of marriage with the
petitioner and states that she has two children, then the Court
below shall release the petitioner on bail; otherwise, an
appropriate order shall be passed.
(Sandeep Kumar, J)
Shishir/-
U T
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