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

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86225 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- PUNAURA District- Sitamarhi ====================================================== Vishal Kumar @ Vishal Kumar Das S/o- Vinod Das @ Binod Das Resident of village-Kachbachipur PS- Punaura Distt- Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Dwij Raj, Advocate For the Opposite Party/s :

Mr.Zainul Abedin, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 23-02-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 137 (2), 96, 3 (5), 351 (2) of the BNS.

3. The case of the prosecution is that the petitioner allegedly kidnapped the minor daughter of the informant. During the course of investigation, the victim has given her statement under Section 183 of the BNSS wherein she has stated that one Nilam Devi had taken her to Sitamarhi for fetching medicine and thereafter, she was taken to Muzaffarpur. She

Patna High Court CR. MISC. No.86225 of 2025(4) dt.23-02-2026 2/3 further stated that she was brought to Patna by two unknown ladies. She only stated that one lady was talking to the petitioner regarding payment of money in exchange for handing her over.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in connection with the present case. It is further submitted that upon a perusal of the statement recorded under Section 183 of the BNSS, it is evident that no role has been attributed to the petitioner. It is further submitted that the victim has refused to undergo medical examination. Further a bare perusal of the case diary, it is also clear that the witnesses have stated that the petitioner and the victim were in a relationship outside marriage and were on talking terms. Moreover, the petitioner is languishing in judicial custody since 30.05.2025 having no criminal antecedent.

5. Learned APP appearing for the state has opposed the prayer of regular bail stating that the victim is a minor girl.

6. Considering the aforesaid facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Punaura P.S. Case No. 69 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two

Patna High Court CR. MISC. No.86225 of 2025(4) dt.23-02-2026 3/3 sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -VI cum Special Judge, (POCSO Act), Sitamarhi.

(Ashok Kumar Pandey, J) Jagdish/- U T