Shahbaj Alam @ Shahbaj Khan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16945 of 2026 Arising Out of PS. Case No.-474 Year-2025 Thana- NAUTAN District- West Champaran ====================================================== Shahbaj Alam @ Shahbaj Khan Son of Amir Khan Vill- Tinsukia, Marggreta Balukahat, P.S. - Tinsukia, Dist. - Dinbrugarh, at present, R/o Villaege - Khadda Rahimpur, P.S. - Nautan, Distt. - West Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

XXXXXX Wife of Saheb Miya R/o Village - Khadda Rahimpur, Ward no. 07, P.S. - Nautan, Dist. - West Champaran.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Gupta, Advocate Mr. Dhananjay Kumar Mr. Ashwani Kumar For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 06-05-2026

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Nautan P.S. Case no.474 of 2025 registered under sections 137(2) and 87 of the Bhartiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the informant states that the petitioner has taken away her 16 year old minor daughter.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The informant's daughter is a major and it is a case of love affair

Patna High Court CR. MISC. No.16945 of 2026(3) dt.06-05-2026 2/2 between the parties. She has not supported the prosecution case in her statement under section 183 BNSS. The petitioner is in custody since 19.12.2025 and chargesheet has been submitted in the case. He has no criminal antecedent.

5. The application for bail is opposed by learned A.P.P for the State.

6. Having heard learned counsel for the parties and taking into consideration the allegations against the petitioner in the FIR, the age of victim having been assessed to be 17 years, the victim not having supported the prosecution case in her statement recorded under section 183 BNSS and the petitioner having remained in custody since 19.12.2025, the petitioner is directed to be enlarged on bail in connection with Nautan P.S. Case no.474 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional District and Sessions Judge-VI-cum-Special Judge, POCSO, West Champaran, Bettiah.

(Partha Sarthy, J) Shiv/- U T