IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35224 of 2025 Arising Out of PS. Case No.-17 Year-2025 Thana- BASANTPUR District- Siwan ====================================================== 1. Mahbub Miya Son of Late Islam Miya Resident of Village- Basauli PS- Lakari Nabiganj, Dist- Siwan 2. Ajad Miya son of Mahbub Miya Resident of Village- Basauli PS- Lakari Nabiganj, Dist- Siwan ... ... Petitioner/s Versus 1. The State of Bihar bihar 2. Mr. X. S/O Raj Nath Ray village- Sendurkha Madhya Vidyalya, Ps- Basantpur, Dist- Siwan ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Gajendra Kumar Singh For the State : Mr.Ram Sevak Choudhary For O.P. No. 2 : Mr.Ajay Kumar Tiwari, Adv. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY ORAL ORDER 5 25-11-2025 Heard learned counsel for the petitioners as well as the learned APP for the State. 2. The petitioners apprehend their arrest in connection with Basantpur P.S. Case No. 17 of 2025, registered for the offences punishable under Sections 137(2), 140(3), 3(5) of BNS and 8/12 of POCSO Act. 3. As per allegation, petitioner no. 2 Ajad Miya kidnapped the minor sister of the informant. Petitioner no. 1 is father of Ajad Miya against whom there is allegation of misbehaving with the informant when she went to complain. 4. The learned counsel for the petitioners has submitted Patna High Court CR. MISC. No.35224 of 2025(5) dt.25-11-2025 2/2 that the petitioners are innocent and have falsely been implicated in this case. The victim is above 17 years of age. She is on the verge of majority. She had love and affection with petitioner no. 2 and she went to Bengaluru with petitioner no. 2 according to her own sweet will. He has further submitted that the victim, under coercion, rendered her statement recorded under Section 183 of the BNSS. There is nothing in the statement of the victim explaining as to how she came from Bengaluru. 5. On the other hand, the learned APP for the State and the learned counsel for the informant have opposed the prayer for bail. 6. Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned 6th Additional Sessions Judge, Siwan in connection with Basantpur P.S. Case No. 17 of 2025, subject to the conditions as laid down under Section 438(2) Cr.P.C. kundan/- (Nawneet Kumar Pandey, J) U T