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Patna High CourtCR. MISC./89544/2025bail granted

Bambam Chaudhary v. The State Of Bihar

2026-04-01Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.89544 of 2025 Arising Out of PS. Case No.-146 Year-2025 Thana- SHANKARPUR District- Madhepura ====================================================== Bambam Chaudhary Manoj Chaudhary R/O Village- Rampur, P.SSingheshwar, District- Madhepura ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X W/O Sakundev Ram R/O Vill.- Kolhuwa, Ward no.-06,P.S- Shankarpur, Dist- Madhepura ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

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

Mr. Sadanand Paswan, APP Mr. Sanjay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 01-04-2026

1. Heard learned counsel for the parties.

2. The petitioner has preferred this application for grant of regular bail in connection with Shankarpur P.S. Case no.146 of 2025 registered under sections 366A, 376, 341, 323, 379 and 34 of the Indian Penal Code, sections 3(1)(r), 3 (1)(s), 3(1)(w), 3 (2)(va) of the SC/ST Act and section 4 of the POCSO Act.

3. As per the prosecution case, the informant states that his minor daughter was kidnapped by the petitioner and 2 -3 others on the allurement of marriage.

4. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in the case. The daughter

Patna High Court CR. MISC. No.89544 of 2025(4) dt.01-04-2026 2/3 of the informant who is major returned and her statement was recorded under section 183 of the B.N.S.S wherein she has not supported the prosecution case. The petitioner is in custody since 31.10.2025 and has no criminal antecedent. He undertakes to cooperate in the investigation/trial.

5. The application for bail is opposed by learned A.P.P for the State. However, it is submitted that the daughter of the informant refused to get herself medically examined.

6. Learned counsel for the informant appears and submits that he is not opposing the application for bail of the petitioner. Referring to the contents of the statement of the daughter of the informant recorded under section 183 B.N.S.S, it is submitted that the daughter of the informant who is 21 years old has stated that she wants to live in her sasural and the petitioner and the members of his family also want that she live with them.

7. Having heard learned counsel for the parties and taking into consideration the allegations in the FIR, the statement of the victim under section 183 of the B.N.S.S wherein she has been described as 21 years old, the petitioner having remained in custody for over 5 months since 31.10.2025 and chargesheet having been submitted in the case, the

Patna High Court CR. MISC. No.89544 of 2025(4) dt.01-04-2026 3/3 petitioner is directed to be enlarged on bail in connection with Shankarpur P.S. Case no.146 of 2025 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 District & Additional Sessions Judge-VI-cum-Special Judge, POCSO, Madhepura.

(Partha Sarthy, J) Shiv/- U T