Nityanand Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16355 of 2026 Arising Out of PS. Case No.-689 Year-2025 Thana- SIKARPUR District- West Champaran ====================================================== Nityanand Ram S/O Bahadur ram R/O Vill.- Haradiya, P.s.- Shikarpur, District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X S/O Y R/O Vill.- Haradiya, P.s.- Shikarpur, District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate Mr. Satyam Kumar Ojha, Advocate For the Opposite Party/s :

Mr. Sunil Kumar Pandey, APP For the Informant :

Mr. Umesh Chandra Verma, Advocate Mr. Sharad Kumar Verma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 06-05-2026 Heard Mr. Satyam Kumar, learned counsel for the petitioner and Mr. Umesh Chandra Verma representing the informant beside the State.

2. The petitioner is apprehending his arrest in connection with Sikarpur P.S. Case No. 689 of 2025 for the offence under section 137(2) and 96 of the BNS and section 8 of the POCSO Act lodged on 10.07.2025 by the informant, XXXXX.

3. As per the prosecution story, the informant alleged that his daughter had gone to the school to fill up the form but failed to return. Later, it came to notice that this petitioner alongwith family members have taken her away. Upon

Patna High Court CR. MISC. No.16355 of 2026(3) dt.06-05-2026 2/3 confronting, they were abused. This led to the FIR.

4. Learned counsel for the petitioner submits that the girl subsequently returned and her statement was recorded before the learned Magistrate where she disclosed her age as twenty years and further narrated that due to abuse by the parents, she left for Delhi and was working there. Once she came to know about the case, returned to her parent district and the last line shows that she chose not to go with her parents.

5. Though learned counsel for the informant submits that it is a tutored statement, taking into account the aforesaid facts as also that the petitioner is a young boy of twenty one years and have no criminal antecedent, in that background, this Court is inclined to extend him the privilege of anticipatory bail with conditions.

6. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned District and Additional Sessions Judge 7th cum Special Judge (POCSO), Bettiah, West Champaran in connection with Sikarpur P.S. Case No. 689 of 2025 subject to the following conditions:

Patna High Court CR. MISC. No.16355 of 2026(3) dt.06-05-2026 3/3 (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;

(iii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;

(iv) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his bail bonds. (Rajiv Roy, J) Adnan/- U T