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Patna High Court

Om Prakash Rajak @ Golu @ GolooversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to a cash bond, sureties and conditions of cooperation with the investigation.

Summary

The petitioner, Om Prakash Rajak, sought anticipatory bail after learning that he might be arrested in a case registered under Sections 96, 352, 3(5) of the B.N.S.S. and Section 4 of the POCSO Act concerning the alleged kidnapping of a minor. The FIR initially named only Rahul Mandal as the accused, but the victim’s statement under Section 183 of the B.N.S.S. later implicated the petitioner as a participant in the abduction and a subsequent marriage. The petitioner argued that he was not mentioned in the original FIR and that the victim’s statement was inconsistent and unsupported by a medical examination. The State opposed the bail, contending that the petitioner’s alleged involvement warranted his detention. Considering the lack of the petitioner’s name in the FIR, the contradictory nature of the victim’s testimony, and the conditions imposed under Sections 438(2) of the CrPC and 482(2) of the B.N.S.S., the Court granted anticipatory bail subject to a cash bond, sureties, and cooperation with the investigation.

Issues considered

  • Whether anticipatory bail should be granted to a person not named in the FIR but later implicated through a victim’s statement under Section 183 of the B.N.S.S.
  • Whether the inconsistencies in the victim’s testimony and the absence of a medical examination justify bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • POCSO Act
  • Section 183
  • FIR
  • bail conditions
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.69678 of 2025
                        Arising Out of PS. Case No.-407 Year-2024 Thana- BANKA District- Banka
                 ======================================================
                 Om Prakash Rajak @ Golu @ Goloo S/O Late Lakshmikant Rajak Resident
                 of Lakrikola (Majira), P.S. and Dist. - Banka
                                                                    ... ... Petitioner/s
                                                      Versus
           1.     The State of Bihar
           2.     Mr. XXX S/O Late YYY Resident of Lakrikola (Majira), P.S. and Dist. -
                  Banka
                                                                ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Dhananjay Kumar Pandey
                 For the Opposite Party/s :       Mr.Manoj Kumar
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

4   21-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. However, despite issuance of notice and the

                   same being personally received by the opposite party no. 2, no

                   one appears on behalf of the opposite party no. 2.

                                2. The petitioner apprehends his arrest in a case

                   registered under Sections 96, 352, 3(5) of the BNS and Section

                   4 of the POCSO Act.

                                3. Allegation in the first information report relates to

                   kidnapping of the minor daughter of the informant by one Rahul

                   Mandal.

                                4. Learned counsel for the petitioner submits that it

                   would be apparent from the first information report that the

                   thrust of the allegation made in the FIR is against co-accused
Patna High Court CR. MISC. No.69678 of 2025(4) dt.21-01-2026
                                            2/3




          Rahul Mandal. However, the name of the petitioner does not

          figure in the FIR. It has               further been submitted that the

          informant has himself stated that on 29.09.2024 after 11:00 p.m.

          when they had all gone to sleep, the victim had gone out of the

          house and did not come back and subsequently he came to know

          that she had been allured by co-accused Rahul Mandal.

          However, the said incident was reported only on 01.10.2024

          after due thought and deliberation and yet the name of the

          petitioner did not figure. The petitioner’s name transpired during

          the statement of the victim girl under Section 183 of the BNSS

          wherein she has narrated the story in a different manner which is

          totally contrary to the first information report by stating that at

          12 noon on 29.09.2024 while she was alone in the house, she

          was abducted by Rahul and his friends including the present

          petitioner. Upon reading of the statement, it would further

          appear that the marriage was performed with Rahul which was

          aided by the petitioner and others and she has herself stated

          subsequently that both of them came back to the house

          whereafter Rahul was taken into custody.

                       5. The application for anticipatory bail is opposed by

          learned A.P.P. for the State.

                       6.    Taking      into     consideration   the   facts   and
             Patna High Court CR. MISC. No.69678 of 2025(4) dt.21-01-2026
                                                         3/3




                       circumstances and also considering the fact that the petitioner

                       was originally not named in the first information report and has

                       been      made       an     accused       on     account   of    being    a

                       friend/acquaintance of the main accused Rahul and also upon

                       considering the narration of story by the victim under Section

                       183 of the BNSS coupled with the fact that she even refused a

                       medical examination, let the petitioner above named, in the

                       event of his arrest or surrender before the learned Court below

                       within a period of four weeks, be released on anticipatory bail in

                       connection with Banka P.S. Case no.407 of 2024 on furnishing

                       bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

                       sureties of the like amount each to the satisfaction of the learned

                       Court below where the case is pending subject to the condition

                       laid down under Section 438(2) of the Code of Criminal

                       Procedure/Section 482(2) of the B.N.S.S, 2023, subject to the

                       conditions:

                                    (i)   The      petitioner      would    cooperate    in     the

                       investigation/ trial.

                                    (ii) One of the bailors will be a family member/close

                       relative.

                                                 (Soni Shrivastava, J)
devendra/-
U      T


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