IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.50108 of 2025 Arising Out of PS. Case No.-83 Year-2025 Thana- SIMRI BAKHTIYARPUR District- Saharsa ====================================================== RAHUL KUMAR S/O GOPAL SHARMA Residents of Village- Bhatauni, Ward No.8, P.S.- Bakhtiyarpur, District- Saharsa. ... ... Petitioner/s Versus 1. The State of Bihar PATNA 2. Radhey Shyam Sah S/O Khushi Lal Sah Residents of Village- Bhatauni, Ward No.8, P.S.- Bakhtiyarpur, District- Saharsa. ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sharda Nand Mishra, Adv. For the State : Mr.Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 4 19-12-2025 Heard learned counsel for the petitioner as well as learned APP for the State. 2. The petitioner apprehends his arrest in connection with Simari Bakhtiyarpur P.S. Case No. 83 of 2025, registered for the offences punishable under Sections 96, 137(2), 3(5) of BNS and Sections 8 and 12 of POCSO Act. 3. As per allegation, the petitioner along with other co- accused persons kidnapped the daughter of the informant. 4. The learned counsel for the petitioner has submitted that the petitioner is innocent and has falsely been implicated. The victim did not support the prosecution case in her statement under Section 180 of the BNSS. She, in her statement recorded under Patna High Court CR. MISC. No.50108 of 2025(4) dt.19-12-2025 2/2 Section 183 of the BNSS, has stated that she has love and affection with the petitioner. The petitioner had love and affection with the victim and it was the reason that the accused persons had kidnapped her. He has submitted further that the victim retracted from her earlier version due to pressure of her parents. He has also submitted that when the informant perceives the real fact, he compromised the case. 5. On the other hand, the learned counsel for the informant has submitted that the informant has compromised the case. 6. Considering the above-mentioned facts and circumstances, let the petitioner, in the event of his arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Addl. Sessions Judge-VIth-cum- Special Judge (POCSO), Saharsa in connection with Simari Bakhtiyarpur P.S. Case No. 83 of 2025, subject to the conditions as laid down under Section 438(2) Cr.P.C. kundan/- (Nawneet Kumar Pandey, J) U T