IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.83391 of 2025 Arising Out of PS. Case No.-393 Year-2025 Thana- MUFFASIL District- West Champaran ====================================================== Rupesh Prasad son of vidhya Prasad Resident of village - Rajapur paryagi, Po and Ps- Kotwa, Dist- East Champaran ... ... Petitioner/s Versus 1. The State of Bihar 2. XXXX son of Bharat Sah Resident of village - Pipra Pakdi, Ps- Muffasil, Bettiah, Dist- West Champaran ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Shantanu Kumar For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 3 24-02-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State. Despite valid service of notice, no one appears on behalf of the opposite party no. 2. 2. The petitioner seeks bail in a case registered for the offence punishable under Sections 126(2), 87, 303(2), 352, 351(2), 3(5), 115(2), 137(2), 96, 64(1) of the B.N.S. and Sections 4/6 of the POCSO Act. 3. Petitioner is said to have kidnapped the minor daughter of the informant. 4. Learned counsel for the petitioner has submitted that there is an inordinate delay of all most 5 days in lodging the FIR. As a matter of fact, there appears to be some relationship between the victim and the petitioner and the action of the Patna High Court CR. MISC. No.83391 of 2025(3) dt.24-02-2026 2/2 victim was completely voluntary in nature as would appear from the statement of the victim recorded Section 183 of the B.N.S.S. wherein she has admitted that she was in a love relationship with the petitioner, and she had eloped with the petitioner voluntarily to Patna and Delhi and that she wishes to go to the petitioner and her matrimonial household. Her age is stated as 17 years and is thus on the verge of majority. The medical examination report also does not indicate any injury or any recent evidence of sexual assault. Further, the petitioner is in custody since 01.08.2025 with no criminal antecedent. 5. Learned APP for the State has opposed the application for bail. 6. Taking into consideration the facts and circumstances and also considering the statement of the victim under Section 183 of the B.N.S.S., coupled with the fact that the petitioner has no criminal antecedent, the provisional bail granted to the petitioner vide order dated 03.12.2025 stands confirmed. devendra/- (Soni Shrivastava, J) U T