CR. MISC./84472/2025 of Amit Vs The State of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.84472 of 2025 Arising Out of PS. Case No.-504 Year-2024 Thana- RAMPUR District- Gaya ====================================================== Amit S/o Anil R/o Village - Harpur Nijam, P.S - Tarkulla, District - Deoriya, State - Uttar Pradesh ... ... Petitioner/s Versus 1. The State of Bihar 2. Pintu Das S/o Rajkumar Das R/o Village - Samir Takiya, P.s - Rampur, District - Gaya ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Aryan Singh, Advocate For the Opposite Party/s : Mrs. Nirmala Kumari, A.P.P. ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 3 20-02-2026 Nobody appears on behalf of the informant despite the fact that the notice had been received personally. 2. Heard learned counsel for the petitioner and learned APP for the State. 3. The petitioner seeks bail in a case registered for the offence punishable under Sections 137 (2) and 96 of B.N.S 2023 and Section 8 of the POCSO Act. 4. As per the prosecution case, petitioner and the co- accused person are alleged to have kidnapped the minor daughter of the informant by enticing her. 5. Learned counsel for the petitioner submits that the present case arises out of a love relationship between the petitioner and victim and there is a delay of three days of lodging in the First Information Report for which no explanation has been tendered. Patna High Court CR. MISC. No.84472 of 2025(3) dt.20-02-2026 2/2 Further, the age of the victim, as per the medical report, has been shown to be above 19 years and no definite evidence of any recent sexual intercourse has been observed. Further, the statement of the victim both under Sections 180 and 183 of the B.N.S.S would further reveal that she was known to the petitioner through Instagram and they were having a love affair where after she had gone along with him to different places like Delhi, Mumbai and U.P. and the police recovered them only when they were roaming around together. Petitioner has no criminal antecedent. 6. Learned APP for the State opposed the bail petition. 7. Taking into consideration the facts and circumstances of the case and also considering the delay in lodging of the FIR, coupled with the medical report as also the tenor of the statement of the victim, the petitioner is a young boy aged about 20 years with no criminal antecedent, the above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Rampur P.S. Case No. 504 of 2024. vashudha/- (Soni Shrivastava, J) U T