Gaurav Ram v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.54222 of 2025 Arising Out of PS. Case No.-106 Year-2025 Thana- CHAUTHAM District- Khagaria ====================================================== Gaurav Ram S/o Manoj Das Resident of Ward No. 8, Village- Nauranga, P.S.- Chautham, District- Khagaria ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dharmvir Yadav S/o Vishnudev Yadav R/o Vill Nauranga P.S. Chautham District Khagaria ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anil Kumar Choudhary, Advocate Mr. Viveka Nand Singh, Advocate For the State :

Mr.Shailendra Kumar, A.P.P.

For the Informant : Mr. Sandip Kumar Gautam, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 16-02-2026 Heard Mr.Anil Kumar Choudhary, the learned counsel for the petitioner assisted by Mr. Viveka Nand Singh, the learned advocate and Mr. Shailendra Kumar, the learned A.P.P. for the State and Mr. Sandip Kumar Gautam, the learned counsel appearing for the informant.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 96 of B.N.S. .

3. As per the prosecution case, it is alleged that the petitioner is responsible for disappearance of informant's daughter.

4. Learned counsel for the petitioner submits that from the First Information Report itself, it would be evident that the victim girl had left her home for filling up some form and did not come back home and the name of the petitioner transpired on the basis of some

Patna High Court CR. MISC. No.54222 of 2025(6) dt.16-02-2026 2/3 suspicion. It is further been submitted that victim girl was however, recovered and her statement was recorded under Section 180 of the B.N.S.S in paragraph 30 of the case diary wherein she has given a specific statement that no one had kidnapped her and rather she had left at her own will as her parents were forcibly trying to marrying her of whereas she wanted to pursue her education. Subsequently, in para 49 of the case diary, the statement of victim under Section 183 of B.N.S.S was also recorded wherein some diversion had been made from her earlier statement, in as much as, the name of the petitioner had been included to have taken her away on the motorcycle.

However, she has stated that wherever she was staying she was staying all alone and she knew the petitioner who was a co-villager where she used to read. No allegation of any assault, much less sexual assault has been made upon the petitioner. Petitioner is also a young boy who is in custody since 02.05.2025 and charge sheet has been submitted. Petitioner has no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have opposed the bail petition on the ground that the informant's daughter is a minor girl.

6. Taking into consideration the rival contention and also considering the fact that there is no allegation made by the victim with regard to any sexual assault etc. made upon her and she has also refused internal medical examination, coupled with the fact that the petitioner is also a young boy aged about eighteen years, the above

Patna High Court CR. MISC. No.54222 of 2025(6) dt.16-02-2026 3/3 named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor Court in connection with Chautham P.S. Case No. 106 of 2025.

(Soni Shrivastava, J) vashudha/- U T