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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.55659 of 2026 Arising Out of PS. Case No.-7 Year-2025 Thana- PARBATTA District- Khagaria ====================================================== Rajnish Kumar @ Piyush Son of Chango Yadav Resident of Village- Muradpur, P.S.- Parbatta, District- Khagaria ... ... Petitioner/s Versus
1. The State of Bihar
2. X Wife of Y Resident of Village- Nayagaon, Pachkhutti Panchayat, Dariyapur, Bhelwa ward no. 2, P.S.- Parbatta, District- Khagaria ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Jai Kishor Poddar, Advocate For the Opposite Party/s : Mr. Lalan Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 2 19-08-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The petitioner apprehends arrest in connection with Parbatta P.S. Case No. 07 of 2025 (POCSO Case No. 41 of 2025) lodged on 06.01.2025, for the offences punishable under section 96 of the Bharatiya Nyaya Sanhita, 2023. 3. As per the prosecution, the informant lodged an FIR alleging that her minor daughter, who was studying in the 10th standard, was kidnapped by the petitioner with a view to marry. 4 Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in the
Patna High Court CR. MISC. No.55659 of 2026(2) dt.19-08-2026 2/3 present case. It is submitted that the alleged victim girl has already been recovered. Upon her recovery, her statements were recorded under Sections 180 and 183 of the BNSS. In her statement recorded under Section 183 BNSS, she has categorically denied the allegation of kidnapping and has not supported the prosecution's case against the petitioner. The said statement was acknowledged in the rejection order of the court below. It is further submitted that upon completion of the investigation, the police submitted a final form in favor of the petitioner; however, the learned Trial Court differed and took cognizance of the matter on 10.09.2025. Counsel further submits that the petitioner has clean antecedent. 5. Learned APP for the State opposes the prayer for bail but fairly submits that in the rejection order, statement under section 183 BNSS has been indicated and final form has been submitted which is indicated in cognizance order dated
10.09.2025. 6. Having heard the submissions and upon perusal of the record, particularly the statement of the victim recorded under Section 183 of BNSS wherein, nothing has transpired against the present petitioner.
As such, let the above-named petitioner be released on bail, in the event of arrest or surrender
Patna High Court CR. MISC. No.55659 of 2026(2) dt.19-08-2026 3/3 before the Trial Court within a period of four weeks from today, on furnishing bail bond of 30,000/- (Rupees Thirty Thousand ₹ only) each, as mentioned in Section 2(1)(d) of the Bharatiya Nagrik Suraksha Sanhita, 2023, to the satisfaction of the Special Judge, POCSO Act, Khagaria, in connection with the Parbatta P.S. Case No. 07 of 2025 (POCSO Case No. 41 of 2025), subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023
Manshi/- (Dr. Anshuman, J) U T