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Patna High Court

Rakesh Kumar RaushanversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


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