Santosh Das @ Santosh Kumar Das v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78772 of 2025 Arising Out of PS. Case No.-197 Year-2025 Thana- KAHALGAON District- Bhagalpur ====================================================== Santosh Das @ Santosh Kumar Das S/o- Birender Das @ Biyadar Das @ Virendra Harijan Village- Lagma Lagma Hat PS- Kahalgaon Distt-Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Jitendra Narain Sinha For the Opposite Party/s :

Mr.Surendra Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-12-2025 1.

Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in a case registered for the offences punishable under Section 87 of the Bharatiya Nyaya Sanhita.

3.

Learned counsel for the petitioner submits that petitioner has antecedent of one case and the informant alleges that his daughter was married to Labbu about two and half years back and Labbu had gone outside to earn, hence his daughter was staying at her parental home, on 6-6-2025 his daughter disappeared, on search it transpired that petitioner enticed his daughter and took her away, accordingly he went to the house of the petitioner to enquire, when his father called the petitioner and the petitioner disclosed that informant's daughter is with

Patna High Court CR. MISC. No.78772 of 2025(2) dt.04-12-2025 2/3 him. It is next alleged that the daughter till date has not come back.

4.

Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that the date of occurrence is 6-62025 and the FIR came to be instituted on 16-6-2025. It is further submitted that informant was well aware of the fact that his married daughter was in love with the petitioner and they have eloped, as such the FIR was not instituted instantly. It is also submitted that since a police case was instituted, hence the victim came back and her statement was recorded under Section 183 BNSS, wherein she does not allege that she was abducted by the petitioner and then she stated that petitioner took her to Kolkata and there he left her, as such she came back home with a joint efforts of her parents and parents of the petitioner. It is next submitted that statement of the victim is such that it does not implicate the petitioner rather tries to save him. It is further submitted that petitioner will not abscond rather will co-operate in the investigation to prove his innocence.

5.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.

6.

Considering the submissions made by the learned

Patna High Court CR. MISC. No.78772 of 2025(2) dt.04-12-2025 3/3 counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Kahalgaon P.S. Case No. 197 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J) Sumit/- U T