Arun Kumar Rai @ Arun Rai vs The State Of Bihar on 20 May, 2026

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    Patna High Court – Orders

    Arun Kumar Rai @ Arun Rai vs The State Of Bihar on 20 May, 2026

    Author: Ajit Kumar

    Bench: Ajit Kumar

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.33910 of 2026
                      Arising Out of PS. Case No.-1150 Year-2015 Thana- SAMASTIPUR COMPLAINT CASE
                                                        District- Samastipur
                     ======================================================
               1.     Arun Kumar Rai @ Arun Rai S/O Late Madan Rai R/O Village- Sahpur
                      Barath, P.S- Patori, District- Samastipur
               2.    Vinod Rai S/O Late Madan Rai R/O Village- Sahpur Barath, P.S- Patori,
                     District- Samastipur
               3.    Pankaj Kumar Rai @ Pankaj Rai S/O Arun Rai @ Arun Kumar Rai R/O
                     Village- Sahpur Barath, P.S- Patori, District- Samastipur
    
                                                                                  ... ... Petitioner/s
                                                        Versus
    
               1.    The State of Bihar Bihar
               2.    Sanju Devi Wife of Haresh Pandit Resident of Village- Jalalpur, P.S.- Patori,
                     District- Samastipur.
    
                                                            ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :     Mr. Yugal Kishore, Advocate
                     For the Opposite Party/s :     Mr. Dr. Indiwar Kumari, APP
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                           ORAL ORDER
    
    2   20-05-2026

    Heard the learned counsel for the petitioners and

    learned Additional Public Prosecutor for the State.

    SPONSORED

    2. The petitioners are apprehending their arrest in

    connection with Complaint Case No.1150 of 2015, F.I.R dated

    10.06.2015 registered for the offences punishable under

    Sections 147, 149, 341, 342, 448, 364 and 504 of the Indian

    Penal Code.

    3. According to prosecution case, the accused persons

    allegedly took away the complainant’s son after assuring that he
    Patna High Court CR. MISC. No.33910 of 2026(2) dt.20-05-2026
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    would return soon, but he did not return. Subsequently, on

    08.06.2015, the complainant received a phone call from her son

    stating that the accused persons were demanding a ransom of

    Rs. 2 lakhs and had threatened to kill him if the amount was not

    paid within two days. It has further been alleged that despite

    approaching the police authorities, no FIR was lodged. The

    alleged motive behind the occurrence is that the daughter of

    Vinod Rai had fled away, and the accused persons suspected the

    complainant’s son and his nephew of having taken her away.

    4. Learned counsel for the petitioners submits that the

    son of the complainant, namely, Raja Pandit, along with his

    nephew, Jila Pandit, had taken away the daughter of petitioner

    No. 2, namely, Vinod Rai. It is further submitted that, upon

    pressure being exerted by the family members of petitioner No. 2

    upon the complainant, the daughter of petitioner No. 2 returned

    to her house and, in order to safeguard her future, no case was

    instituted against the son of the complainant. It has been

    contended that, in this background and with a view to avoid

    future complications, the complainant has instituted the present

    complaint case against these petitioners alleging kidnapping of

    his son, whereas, in fact, the complainant’s son returned home

    after five days of the alleged incident, on his own.
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    5. Learned APP for the State opposes the prayer for

    anticipatory bail application.

    6. Considering the aforesaid facts and circumstances

    that the son of the complainant has already returned home and

    the complaint is pending before the Court concerned, which will

    be brought to a logical conclusion, as per the evidences adduced

    by the parties. Accordingly, this Court is inclined to grant the

    privilege of anticipatory bail to the petitioners.

    7. Let the petitioners, above named, in the event of

    their arrest or surrender before the Court below within a period

    of thirty days from the date of receipt of the order, be released

    on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand)

    with two sureties of the like amount each to the satisfaction of

    the learned District & Additional Sessions Judge – IX,

    Samastipur, in connection with Complaint Case No.1150 of

    2015, subject to the conditions as laid down under Section

    438(2) of the Code of Criminal Procedure / Section 482(2) of

    the Bhartiya Nagarik Suraksha Sanhita and with other following

    conditions:-

    (i) one of the bailors should be the family

    member/relative/known of the petitioner(s) who shall provide

    official document/personal affidavit to show his/her bona fide;

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    (ii) the petitioner(s) shall appear on each and every

    date before the Trial Court and failure to do so for two

    consecutive dates without plausible reason will entail

    cancellation of his/her/their bail bond by the Trial Court itself;

    (iii) the petitioner(s) shall in no way try to induce or

    promise or threat the witnesses or tamper with the evidences,

    failing which the State shall be at liberty to take steps for

    cancellation of the bail bonds;

    (iv) the petitioner(s) shall desist from committing any

    criminal offence again, failing which the State shall be at liberty

    to take steps for cancellation of their bail bonds.

    (Ajit Kumar, J)
    sharun/-

    U      T
     



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