Tabis Reza v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9369 of 2025 Arising Out of PS. Case No.-370 Year-2024 Thana- BETTIAH CITY District- West Champaran ====================================================== Tabis Reza S/o- Malan Babu Village- Imambara Ps- Bettiah Town Dist- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X (Informant) S/o- Srikant Mishra R/o- Lal Bazar W.No-17, Ps- Bettiah Town Dist- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Bimlesh Kumar Pandey For the Opposite Party/s :

Mr.Raj Kishor Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-07-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

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 8 of POCSO Act.

3.

Learned counsel for the petitioner submits that the informant alleges that his sister aged about 17 years used to go for coaching every day, but on 2-8-2024 the victim did not return from coaching, accordingly the family members started searching her and during the course of search, it transpired that petitioner, who lives in house adjacent to Imambara, has enticed

Patna High Court CR. MISC. No.9369 of 2025(3) dt.02-07-2025 2/3 the victim and eloped with an intention to marry. 4.

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 entire allegation hinges around suspicion as the informant was not the eye-witness to the occurrence of elopement of the victim with the petitioner. It is further submitted that victim has returned and her statement was recorded under Section 183 BNSS, wherein victim has not supported the case of the prosecution rather has stated that on account of torture meted out to her by family members, she left the house and went to Delhi, further at Delhi, she went to the house of her friend Somaiya and started working in Lata Boutique on monthly salary of Rs. 8,000/-, further she does not know the accused persons, who have been named in the FIR. 5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court 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

Patna High Court CR. MISC. No.9369 of 2025(3) dt.02-07-2025 3/3 each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Bettiah (Town) P.S. Case No. 370 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J) Sumit/- U T