IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.37983 of 2025 Arising Out of PS. Case No.-36 Year-2025 Thana- MATIYARIA District- West Champaran ====================================================== Aspak Alam @ Ashfak Alam S/O Azad Miyan R/O Mahua, P.s.- Matiyaria, Dist.- West Champaran. ... ... Petitioner/s Versus 1. The State of Bihar 2. X (imagenary name of the Informant) w/o- prem thakur vill- mahuawa ps- matiyariya dist- west champaran ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Dr. Mrityunjaya Kr.Gautam, APP For the Informant : None ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 3 20-08-2025 Heard learned counsel for the petitioner and learned APP for the State. None appears on behalf of the informant despite notice being validly served. Perused the case diary. 2. The petitioner seeks bail in connection with Matiyariya P.S. Case No. 36 of 2025 instituted for the offences under Sections 137(2), 96, 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8/12 of the POCSO Act. 3. Accusation against the petitioner is of kidnapping the informant’s minor daughter. 4. Learned counsel for the petitioner submitted that the petitioner has falsely been implicated in the present case. Learned counsel for the petitioner submitted that victim in her Patna High Court CR. MISC. No.37983 of 2025(3) dt.20-08-2025 2/3 Statement recorded under Section 183 of the BNSS has specifically stated that she left her house on her own sweet will and this petitioner never gave any compulsion or threat to her. He further submitted that nothing has been whispered against the petitioner in Section 183 BNSS statement of the victim. It has been submitted on behalf of the petitioner that the petitioner is in custody since 26.03.2025 and has no criminal antecedent. 5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. 6. Considering the aforesaid facts and circumstances of the case, there being no material against the petitioner in Section 183 BNSS statement of the victim as also the period of custody undergone by the petitioner, this Court is inclined to grant bail to the petitioner. 7. Let the petitioner be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Matiyariya P.S. Case No. 36 of 2025, subject to the following conditions: (I) One of the bailors shall be own/close member of the family of the petitioner. (II) The petitioner shall appear on each and every date Patna High Court CR. MISC. No.37983 of 2025(3) dt.20-08-2025 3/3 fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner. (III) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail. Alok Verma/- (Rudra Prakash Mishra, J) U T