Patna High CourtCR. MISC./77001/2025bail granted

Salman Alam v. The State Of Bihar

2026-02-11Mr. Justice Partha Sarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77001 of 2025 Arising Out of PS. Case No.-55 Year-2024 Thana- JHAROKHAR District- East Champaran ====================================================== Salman Alam S/o Seraj Miya R/o Village- Bisunpur, P.S.- Jharokhar, DistrictEast Champaran ... ... Petitioner/s

Versus

The State of Bihar 2.

Munna Pandey S/o Late Ramchari Pandey R/o Village- Bisunpur, P.S.- Jharokhar, District- East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar No.III, Advocate For the Opposite Party/s :

Mr. Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 11-02-2026

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Jharokhar P.S. Case no.55 of 2024 registered under sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023 and section 4 of the POCSO Act.

3. As per the prosecution case, the informant states that his 16 year old daughter was kidnapped by the accused persons and it appears that the petitioner has a hand in her kidnapping for the purpose of marriage.

4. Learned counsel for the petitioner submits that the daughter of the informant is major. She returned home and has not supported the prosecution case. The petitioner is in custody

Patna High Court CR. MISC. No.77001 of 2025(4) dt.11-02-2026 2/2 since 8.2.2025 and has no criminal antecedent. Chargesheet has been submitted in the case.

5. The application for bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and having perused the material that has transpired in course of investigation, it transpires that the daughter of the informant returned home and her statement was recorded under section 183 B.N.S.S. wherein she has not supported the prosecution case. She has stated therein that she went with the petitioner out of her own volition and married him. It further transpires that in the medical examination, the medical board has determined the age of the daughter of the informant to be between 17-19 years.

7. In view of the facts and circumstances of the case, the petitioner is directed to be enlarged on bail in connection with Jharokhar P.S. Case no.55 of 2024 on furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned 6th District and Additional Sessions Judge-cum-Exclusive Special Judge, POCSO Act, East Champaran, Motihari.

(Partha Sarthy, J) Saurabh/- U T