Prince Tiwari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46189 of 2025 Arising Out of PS. Case No.-235 Year-2025 Thana- SIKARPUR District- West Champaran ====================================================== Prince Tiwari S/o Ajay Tiwari Resident of Vill- Chainpur, P.S.-Madhuban, Dist- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rani Devi W/o Rajan Prasad R/o Vill- Pakadi, P.S.- Shikarpur, Dsitt- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjeev Kumar, Adv.

For the Opposite Party/s :

Ms. Suman Kumari Singh, APP For the Informant :

Mr. Manaur Alam, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 22-09-2025 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 Shikarpur P.S. Case No.235 of 2025 registered for offence under Sections 137(2)/140 of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, the Informant's minor daughter had left her home to pursue a nursing course at Kumudni Shikshan Sansthan Coaching, Purani Bazar but, she did not return home.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged

Patna High Court CR. MISC. No.46189 of 2025(3) dt.22-09-2025 2/3 against him and has falsely been implicated in the present case. The petitioner is not named in the F.I.R. and his name has transpired in this case in course of investigation. It is further submitted that in course of investigation, it has come that there was a love affair between the petitioner and the victim and she on her own will went away with the petitioner. He further submits that the victim girl has denied for her medical examination. The petitioner has no criminal antecedent and is languishing in judicial custody since 11.03.2025 without any rhymes or reason.

5. On the other hand, learned A.P.P. for the State and the Informant have vehemently opposed the prayer for grant of bail to the petitioner, stating that the offence alleged against the petitioner is serious in nature. The victim girl is minor. It is further submits that the victim girl, in her statement recorded under Section 183 of the B.N.S.S., 2023, has made specific allegation against the petitioner of subjecting her to severe torture, verbal abuse and physical abuse. The Investigating Officer, after completion of investigation, has submitted chargesheet against the petitioner for offence under Sections 137(2)/96/65(1) of the Bhartiya Nyaya Sanhita, 2023 and Section 4/6 of the POCSO Act.

Patna High Court CR. MISC. No.46189 of 2025(3) dt.22-09-2025 3/3

6. Having heard learned counsel for the parties and in the facts and circumstances of the case and keeping in view the nature of allegation, gravity of the offence, materials available in the case diary as also the statement of the victim girl recorded under Sections 183 of the B.N.S.S., 2023, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, the prayer for bail of the petitioner, above named, is rejected with a direction to the court below to expedite the trial and conclude the same expeditiously. (Rudra Prakash Mishra, J) rishi/- U T