Dhananjay Bin @ Manjay Kumar @ Nanjay Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36723 of 2025 Arising Out of PS. Case No.-30 Year-2025 Thana- SAHODARA District- West Champaran ====================================================== Dhananjay Bin @ Manjay Kumar @ Nanjay Kumar S/o- Rajendra Nishad Village- Parsa Dih PS- Sahodra District- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Haakim Yadav S/o- Late Rambali Yadav Village- Vishunpurwa PS- Sahodra District- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Umesh Kumar Gupta, Advocate For the State :

Mr. Ajit Kumar, APP For the Informant :

Mr. Avinash Raj, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 18-08-2025 Heard learned counsel for the petitioner and learned APP for the State as also learned counsel for the Informant. Perused the case diary.

2.

The petitioner seeks bail in connection with Sahodara P.S. Case No. 30 of 2025 instituted for the offence under Section 137 (2) & 96 of the Bharatiya Nyaya Sanhita, 2023 and Section 8 of the POCSO Act.

3.

Prosecution case in short is that 15-year-old daughter of the informant was allegedly abducted from his house on April 12, 2025, by three accused: Amresh Chaudhary, Dhananjay Bin (petitioner) and Manoj Paswan. The informant searched for her and found her daughter the next day hidden in

Patna High Court CR. MISC. No.36723 of 2025(4) dt.18-08-2025 2/3 the house of Lalji Chaudhary.

4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 14-04-2025. Petitioner bears no criminal antecedent, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Informant is not the eye witness to the occurrence. It is pertinently submitted that victim in her statement recorded under Section 183 of the BNSS, 2023, has not taken the name of the petitioner and has not levelled any allegation of sexual assault. As per medical report, there is no recent evidence of sexual assault. Charge sheet has already been submitted in this case.

6.

Learned A.P.P. for the State and learned counsel for the informant have vehemently opposed the prayer for grant of bail to the petitioner.

7.

Considering the aforesaid facts and circumstances of the case, period of custody of the petitioner, there being no whisper of sexual assault against the petitioner in the statement of the victim recorded under Section 183 of the BNSS, 2023 and charge sheet being submitted, this Court is inclined to grant bail

Patna High Court CR. MISC. No.36723 of 2025(4) dt.18-08-2025 3/3 to the petitioner.

8.

Let the petitioner be released on bail, after framing of charge, if not already framed, on furnishing bail bonds of Rs. 15,000/- (Fifteen Thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Sahodara P.S. Case No. 30 of 2025, subject to the following conditions:

(I) One of the bailors shall be own/close member of the family of the petitioner.

(II) The petitioner shall appear on each and every date fixed at the trial. In case of default in such appearance on two consecutive dates, the Trial Court will have liberty to cancel the bail bonds of the petitioner.

(Rudra Prakash Mishra, J) Raj Kishore/- U T