IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.3555 of 2026 Arising Out of PS. Case No.-366 Year-2025 Thana- CHIRAIYA District- East Champaran ====================================================== Suraj kumar son of Late Radhamohan Paswan Resident of village -khoda, Ps- Chiraiya, Dist- East champaran ... ... Petitioner/s Versus 1. The State of Bihar bihar 2. Biltu Sah son of Late Baidhnath Sah Resident of village -khoda, Ps- Chiraiya, Dist- East champaran ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Hemant Ray, Advocate For the Informant : Mr. Vishal Prasad, Advocate For the State : Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 3 25-03-2026 Heard Mr. Hemant Ray, learned counsel for the petitioner, Mr. Vishal Prasad, learned counsel for the Informant and Mr. Anil Kumar, learned APP for the State. 2. Petitioner seeks bail, who is in custody since 31.08.2025, in connection with Chiraiya P.S. Case No. 366 of 2025, F.I.R. dated 18.08.2025 registered for the offences punishable under Sections 96, 3(5) of the B.N.S. 3. Allegation against the petitioner is that he along with other co-accused persons have kidnapped the daughter of the informant. 4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that the allegation as Patna High Court CR. MISC. No.3555 of 2026(3) dt.25-03-2026 2/3 alleged in the F.I.R. is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. From perusal of the F.I.R. it appears that the date of occurrence as alleged in the F.I.R. is 13.08.2025 but the present F.I.R. was instituted on 18.08.2025 after delay of five days without giving any explanation of delay and the victim was recovered and her statement under Section 183 of the B.N.S.S., 2023 was recorded in which she has not stated anything anything about the sexual assault and apart from aforesaid it has come in paragraph-30 of the case diary that she has refused for her medical examination. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 31.08.2025. 5. Learned counsel for the Informant as well as learned Additional Public Prosecutor for the State, on the other hand, has vehemently opposed the prayer for bail of the petitioner and submits that the statement of the victim was recorded under Section 183 of the B.N.S.S., 2023 in which she has fully supported the case of the prosecution and she has stated that the petitioner has abducted her. 6. Considering the facts and circumstances of the case, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Patna High Court CR. MISC. No.3555 of 2026(3) dt.25-03-2026 3/3 Judicial Magistrate 1st Class, Sikrahana at East Champaran in connection with Chiraiya P.S. Case No. 366 of 2025, subject to the following conditions :- (1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below. (2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail. (3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his criminal antecedents, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification. Ibrar//- (Rajesh Kumar Verma, J) U T