Rahul Kumar @ Chotu KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.75817 of 2025
                    Arising Out of PS. Case No.-58 Year-2025 Thana- BHAGWANPUR District- Vaishali
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                 Rahul Kumar @ Chotu Kumar S/O Ravindra Shah R/O Bakhra Khurd, P.S-
                 Bhagwanpur, Distt.- Vaishali.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Saurabh Mishra, Adv
                                                 Ms.Singh Shivani
                 For the Opposite Party/s :      Mr.Yogendra Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   26-02-2026               1.     Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                             2.     The petitioner seeks bail in a case registered for the

                   offences punishable under Sections 96, 137(2) and 3(5) of the

                   Bharatiya Nyaya Sanhita.

                             3.     Learned counsel for the petitioner submits that the

                   petitioner is a person with clean antecedent and the informant

                   alleges that on 02.03.2025, four accused persons namely, Golu,

                   Bhola, Babita and petitioner came on a motorcycle and

                   kidnapped her minor daughter, it is next alleged that the accused

                   may commit sexual assault, further, on enquiry, it transpired that

                   the motorcycle belonged to Nikhil, who had given mobile and

                   SIM card to the victim, thus, Nikhil might also be involved in
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          the occurrence.

                   4.     The learned counsel for the petitioner submits that

          from perusal of the allegation as alleged in the FIR, it would

          manifest that the informant specifically alleges that accused

          persons including the petitioner kidnapped her minor daughter

          and on enquiry, it transpired that the motorcycle belonged to

          Nikhil who had given SIM and mobile to the victim. It is next

          submitted that the allegation gives an impression that the victim

          was not kidnapped rather had eloped. It is also submitted that

          victim was in a relationship with Golu and they eloped to West

          Bengal from where the victim was recovered on 28.03.2025 by

          the police from a room at Belur Math, District- Howrah, West

          Bengal. It is further submitted that after the victim came back

          and her statement was recorded under Section 183 BNSS,

          wherein she disclosed that Golu, petitioner along with Rohit had

          taken her away against her wish.                 It is next submitted that

          though the victim in her statement recorded under Section 183

          BNSS has supported the case of the prosecution, but then no

          allegation of rape or committing any sexual assault is alleged. It

          is submitted that petitioner, being cousin brother of Golu, came

          to be implicated with a view to coerce Golu into submission. It

          is next submitted that petitioner is in custody since 28-5-2025
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                        and charges have been framed by an order dated 10-9-2025. It is

                        also submitted that petitioner will not abscond rather will

                        cooperate in the trial to prove his innocence.

                                 5.     Learned A.P.P. for the State vehemently opposes

                        the prayer for bail of the petitioner.

                                 6.     Considering the submission made by learned

                        counsel for the petitioner, let the petitioner above named be

                        released on bail 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 trial court where the case is

                        pending/successor court in connection with Bhagwanpur

                        (Vaishali) P.S. Case No.58 of 2025.

                                 7.     However, it is made clear that if the learned trial

                        court comes to a conclusion that the petitioner after his release

                        is trying to delay the trial in any manner, the learned trial court

                        shall be at liberty to cancel the bail bonds of the petitioner.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T