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Patna High Court

Raja KumarversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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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