Patna High Court
Rakesh Kumar RaushanversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court granted regular bail to the petitioner.
Summary
Petitioner Rakesh Kumar Raushan was arrested in connection with a kidnapping case (Hilsa P.S. Case No. 502 of 2025) under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023, with additional charges under Section 64(2) of the B.N.S. and Sections 4, 6 and 8 of the POCSO Act. The petitioner claimed innocence and sought regular bail, having been in custody since 31 July 2025. The State opposed the bail application. The victim’s statement indicated that she had married the petitioner, which the court considered a material factor. After reviewing the submissions and records, the court allowed the bail application, directing the petitioner to furnish a bail bond of Rs. 10,000 with two sureties of the same amount.
Issues considered
- Whether regular bail can be granted to an accused in a kidnapping case that also involves offences under the POCSO Act.
- Whether the victim's statement of marriage to the accused affects the bail decision.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 64(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6, 8
Subjects
- regular bail
- kidnapping
- POCSO Act
- Bharatiya Nyaya Sanhita
- criminal procedure
- victim statement
- marriage claim
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.71695 of 2025
Arising Out of PS. Case No.-502 Year-2025 Thana- HILSA District- Nalanda
======================================================
Rakesh Kumar Raushan son of Ram Lakhan Prasad Resident of village-
Fagunipar, P.S.- Ekangarsarai District- Nalanda.
... ... Petitioner/s
Versus
1. The State of Bihar bihar
2. Sonu Paswan son of Ambika Paswan Resident Of Village - Bhoklilapur, ps-
Hilsa, Dist- Nalanda
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Mishra
For the Opposite Party/s : Mr. Sunil Kumar Pandey
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 19-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Hilsa P.S. Case No. 502 of 2025 registered for the offence under
Section(s) 137(2) of the Bharatiya Nyaya Sanhita, 2023. Later
on Section 64(2) of the BNS and Sections 4, 6 and 8 of the
POCSO Act were added.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has not committed any offence.
Petitioner is in custody since 31.07.2025.
Patna High Court CR. MISC. No.71695 of 2025(5) dt.19-03-2026
2/2
5. Learned A.P.P. for the State has vehemently
opposed the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. The victim in her
statement has said that she has got married to the petitioner.
7. In view of the above, this application for regular
bail is allowed.
8. Accordingly, let the petitioner, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor Court in connection with Hilsa P.S. Case No.
502 of 2025.
(Sandeep Kumar, J)
Shishir/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.