IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45370 of 2026 Arising Out of PS. Case No.-716 Year-2024 Thana- SIWAN MUFFASIL District- Siwan ====================================================== Achechelal Sah @ Akshay Kumar Gond S/O Perma Sah R/O Village- Siristapur, PS-Dhanauti O.P, District- Siwan ... ... Petitioner/s Versus 1. The State of Bihar 2. X D/O Y R/O Village- Ramapali Tola , PS- Siwan Muffasil , District- Siwan ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ashok Kumar, Adv For the Opposite Party/s : Mr. Chandra Bhushan Prasad, APP Mr. Aman Kumar Singh, Adv Mr. Ravi Nandan, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 4 19-08-2026 1. Heard learned counsel for the petitioner, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant. 2. The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita and Sections 4 and 6 of the POCSO Act. 3. The Investigating Officer of the case, in compliance of the order dated 18.8.2026, is present in the court. 4. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that that petitioner along with two unknown accused Patna High Court CR. MISC. No.45370 of 2026(4) dt.19-08-2026 2/3 entered her house on 12.11.2024 at 11.45 P.M. and kidnapped her minor daughter aged about 17 years by forcibly making her sit on a motorcycle. 5. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that the petitioner and the victim were in love and they eloped. It is further submitted that though in the FIR it is alleged that victim is minor aged about 17 years, but then the said allegation has been alleged only to give seriousness to the case when victim is a major. It is also submitted that the victim, on coming to know that an FIR has been instituted falsely implicating the petitioner in the case, came back and her statement was recorded under Section 164 Cr.P.C wherein she did not support the case of the prosecution. 6. At this stage, the Investigating Officer of the case, who is present in the Court, submits that on orders of the learned District Court, the victim was handed over to her mother, the said submission of the investigation officer is not countenanced by the learned counsel appearing on behalf of the informant that the victim in the case was recovered and handed over to her mother. 7. At this stage, the learned counsel appearing on Patna High Court CR. MISC. No.45370 of 2026(4) dt.19-08-2026 3/3 behalf of the petitioner submits that after the victim was handed over to her mother, she again eloped with the petitioner and they have performed their marriage and are staying happily as husband and wife but then no case came to be instituted. 8. After hearing the learned counsel for the parties, the petitioner above-named, in the event of his arrest or surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Siwan Muffasil P.S. Case No. 716 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS. 9. The personal appearance of the Investigating Officer of the case is dispensed with. Sumit/- (Satyavrat Verma, J) U T