Patna High Court
Rakesh MahtoversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for regular bail was allowed.
Summary
The petitioner, Rakesh Mahto, was arrested in connection with a kidnapping case registered as Sarairanjan P.S. Case No. 10/2025, alleged to be punishable under Sections 137(2) and 96 of the B.N.S. The petitioner claimed innocence, asserting that the alleged victim had eloped with him and married him in Delhi, and that he had a clean antecedent. The petitioner applied for regular bail, undertaking to cooperate with the investigation, while the State opposed the bail. The court examined the circumstances, including the petitioner's clean record and the claim of consensual elopement, and found no compelling reason to deny bail. Consequently, the court granted regular bail on the condition of a Rs. 10,000 bond with two sureties of equal amount.
Issues considered
- Whether the petitioner is entitled to regular bail under Sections 137(2) and 96 of the B.N.S. given the facts of alleged kidnapping and the petitioner's claim of consensual elopement
Legislation cited
- B.N.S. — s. 137(2), 96
Subjects
- bail
- kidnapping
- false implication
- elopement
- regular bail
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.79685 of 2025
Arising Out of PS. Case No.-10 Year-2025 Thana- SARAI RANJAN District- Samastipur
======================================================
Rakesh Mahto Son of Parmeshwar Mahto Village- Raypur Bujurg PS
-Sarairanjan, Dist- samastipur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Shiv Kumar sahni son of Sita Ram Sahni Village- Gangsara, Ps- Sarairanjan,
dist- samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Surya Narayan Roy, Advocate
For the Opposite Party/s : Mr.Syed Ehteshamuddin, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 02-04-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with
Sarairanjan P.S. Case No. 10/2025 registered for the offences
punishable under Sections 137(2)/ 96 of B.N.S.
3. As per the prosecution case, petitioner is accused of
kidnapping the victim.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in the
present case. Learned counsel further submits that from the
statement of the victim girl, it appears that she had eloped with
the petitioner and had got married to him in Delhi. Petitioner has
Patna High Court CR. MISC. No.79685 of 2025(4) dt.02-04-2026
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clean antecedent and he is in custody since 10.06.2025. The
petitioner undertakes to co-operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the facts and circumstances of the
case, this application for regular bail is allowed.
7. 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 Additional Sessions Judge-VI- cum-
Special Court (POCSO), Samastipur /concerned Court below in
connection with Sarairanjan P.S. Case No. 10/2025.
(Sandeep Kumar, J)
tusharika/-
U T
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