Dhiraj Giri v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15369 of 2025 Arising Out of PS. Case No.-212 Year-2024 Thana- PIPRAKOTHI District- East Champaran ====================================================== 1.
Dhiraj Giri S/O Bhuali Giri R/O Bangri, Chaube Tola, P.S.- Pipra Kothi, Dist.- East Champaran, Bihar- 845429 2.
Bhuali Giri S/O Shiv Nath Giri R/O Bangri, Chaube Tola, P.S.- Pipra Kothi, Dist.- East Champaran, Bihar- 845429 3.
Gyanti Devi W/O Bhuali Giri R/O Bangri, Chaube Tola, P.S.- Pipra Kothi, Dist.- East Champaran, Bihar- 845429 4.
Dil Khushi Kumari @ Rajnandani Kumari D/O Bhuali Giri R/O Bangri, Chaube Tola, P.S.- Pipra Kothi, Dist.- East Champaran, Bihar- 845429 5.
Ankush Sah @ Ankush Kumar S/O Bachchu Sah R/O Bangri, Chaube Tola, P.S.- Pipra Kothi, Dist.- East Champaran, Bihar- 845429 ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mohd Rustam Hussain, Advocate For the Opposite Party/s :
Mr. Anil Kumar Singh No. 1, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 14-05-2025 Heard Learned Counsel for the petitioners and Learned APP for the State.
2. The petitioners are apprehending arrest in connection with Piprakothi P.S. Case No. 212 of 2024 lodged on 12.09.2024, for the offence punishable under Sections 140(4) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against six named accused persons including the present petitioners against whom there is an allegation that they have kidnapped the
Patna High Court CR. MISC. No.15369 of 2025(3) dt.14-05-2025 2/3 informant's daughter when she went outside for nature's call.
4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that the alleged victim girl has been recovered and after recovery, she has deposed her statement under Section 183 of the B.N.S.S. 2023 before the Trial Court and under the said statement, victim girl has not alleged anything wrong against any of the accused persons save and except, she has stated that she went with Dhiraj Kumar and solemnized marriage with him and when she received information about the case, she came back to the Trial court for adducing evidence. Counsel submits that the victim girl is aged about 18 years and therefore, she is a major and married with her consent. Counsel further submits that petitioners have no criminal antecedent.
5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that statement of victim under Section 183 of the B.N.S.S. 2023 is there with the case diary in which a letter has been intimated by the J.M. 1st Class, East Champaran at Motihari in which the alleged victim girl has denied for her medical test.
6. As such, in the present facts and circumstances of this case, let the above named petitioners be released on
Patna High Court CR. MISC. No.15369 of 2025(3) dt.14-05-2025 3/3 anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the satisfaction of J.M. 1st Class, Motihari, East Champaran, in connection with Piprakothi P.S. Case No. 212 of 2024, subject to the conditions as laid down U/s 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
(Dr. Anshuman, J) Divyansh/- U T