Tilanchan Ram @ Devendra Ram @ Devendra Mochi @ Tilechhan Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38935 of 2025 Arising Out of PS. Case No.-40 Year-2025 Thana- BHAGWANPUR District- Begusarai ====================================================== Tilanchan Ram @ Devendra Ram @ Devendra Mochi @ Tilechhan Ram Son of Ram Bahadur Ram R/o Village Buchauli Ward no 12 P.S- Bhagwanpur District Begusarai.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr. Krishna Prabhat, Advocate For the Opposite Party/s :

Mr. Nawal Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Bhagwanpur P.S. Case No. 40 of 2025 registered for the alleged offences under Sections 143(2), 87, 3(5) of Bharatiya Nyaya Sanhita, 2023. Indian Penal Code.

03. As per prosecution case, petitioner and other coaccused persons enticed away the married daughter of the informant with her four years old child. While leaving the house, the daughter of the informant took away Rs. 50,000/- cash and gold and silver ornaments.

04. Learned counsel for the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. The occurrence took place on 24.01.2025, but the FIR has

Patna High Court CR. MISC. No.38935 of 2025(2) dt.25-06-2025 2/3 been lodged on 13.02.2025 and there is no satisfactory explanation for the same. Though the informant has stated that co-accused Ranjeet Ram stated that he would return her daughter within five days, there is nothing on record to show that the petitioner admitted any wrong doing and gave any such statement. It is not believable that a mother would lodge a case for kidnapping of her daughter after 20 days. During the course of investigation, no material has come up against the petitioner to show his involvement. Perusal of FIR also shows the informant put her thumb impression over the written report and the person who drafted the written has implicated this petitioner who is an old person aged about 66 years. The petitioner is a man of clean antecedent and he is in custody since 14.04.2025 and charge-sheet has been submitted.

05. Learned APP for the State opposes the prayer for bail. Learned APP submits that petitioner is specifically named in the FIR.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the distinct lack of material against the petitioner and vague nature of allegation against him and also considering the period of custody of the petitioner and his clean antecedent along with

Patna High Court CR. MISC. No.38935 of 2025(2) dt.25-06-2025 3/3 submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai/court concerned in connection with Bhagwanpur P.S. Case No. 40 of 2025, subject to the conditions mentioned in Section 480(3) of BNSS and the following conditions: (i) One of the bailors will be a close relative of the petitioner.

(ii) The petitioner will remain present on each and every date fixed by the court below.

(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.

(Arun Kumar Jha, J) Ashish/- U T