Priyanshu Raj @ Bittu v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.51732 of 2025 Arising Out of PS. Case No.-1086 Year-2023 Thana- KHAGARIA District- Khagaria ====================================================== Priyanshu Raj @ Bittu S/o Pramod Sahni R/o Village- Gangour Tirasi, P.S.- Gangour, District- Khagaria.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Santosh Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ajay Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 16-10-2025 Heard learned counsel for the petitioner and learned APP for the State.

02. In the present case, the petitioner seeks bail in connection with Khagaria (Gangour) P.S. Case No. 1086 of 2023 registered for the alleged offences under Section 366(A) of the Indian Penal Code.

03. As per prosecution case, the minor daughter of the informant went missing and the informant showed his apprehension that the co-accused Vivek kumar along with other co-accused persons were involved in enticing away his daughter for solemnizing marriage with her.

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 16.10.2023 but FIR has been

Patna High Court CR. MISC. No.51732 of 2025(3) dt.16-10-2025 2/3 lodged on 19.10.2023 and there is no satisfactory explanation for the delay. The petitioner is not named in the FIR and there is no specific allegation against the petitioner. When the statement of the victim girl was recorded under Section 164 Cr.P.C., she named this petitioner who helped the co-accused Vivek Kumar in her kidnapping. Apart from that, there is no further allegation against the petitioner. The petitioner is the brother of coaccused, Vivek Kumar, who is having inimical terms with the informant and for this reason, this petitioner has been made accused in this case. Learned counsel further submits that in the statement of victim girl recorded under Section 164 Cr.P.C.

, though it has come that the victim girl was taken to certain place and after 20-25 days she was freed but this statement shows there might be love affair of the victim girl with some person and due to enmity, the petitioner and other co-accused persons have been made accused in this case. The petitioner is having clean antecedent and is in custody since 16.05.2025. Chargesheet has been submitted.

05. Learned APP for the State opposes the submission made on behalf of the petitioner.

06. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the

Patna High Court CR. MISC. No.51732 of 2025(3) dt.16-10-2025 3/3 vague nature of allegation against the petitioner and further considering the period of custody of the petitioner and his clean antecedent along with 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, Khagaria/court concerned in connection with Khagaria (Gangour) P.S. Case No. 1086 of 2023, 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