← Library
Patna High CourtCR. MISC./90430/2025bail granted

Raju Das v. The State Of Bihar

2026-02-11Mr. Justice Sourendra Pandey3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90430 of 2025 Arising Out of PS. Case No.-131 Year-2025 Thana- BELSAND District- Sitamarhi ====================================================== Raju Das, S/o Chalitra Das, Resident of Village- Madhkaul, Ward No.13, P.S.- Belsand, District - Sitamarhi ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ashok Kumar Jha, Adv.

For the Opposite Party/s :

Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 11-02-2026 Heard the learned counsel for the petitioner and the learned Addl. Public Prosecutor for the State.

2. The petitioner, who is in custody, seeks bail in connection with Belsand P.S. Case No. 131 of 2025 registered for the offence(s) punishable under Section(s) 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 (B.N.S.).

3. As per the First Information Report, the informant has alleged that his minor daughter had gone to the coaching centre and did not return thereafter till evening and on search, he came to know that his daughter had been enticed away by one Raju Das (the petitioner) for the purposes of marriage.

Patna High Court CR. MISC. No.90430 of 2025(3) dt.11-02-2026 2/3

4. The learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case and the allegations levelled against him are false. It has been submitted that the victim was recovered and her statement was recorded under Section 183 of the B.N.S.S., wherein she has categorically stated that she had gone to Sitamarhi and then to Surat and was living alone and nobody had used any forced against her. The victim has also specifically stated that she was not sexually abused and when her brother came in her search, she came back along with him. It has further been submitted that the victim had gone along with the petitioner out of her own volition, which is amply supported by her in her statement made under Section 183 of the B.N.S.S. It has also been submitted that the victim girl had refused to be medically examined. It has lastly been submitted that the petitioner carries no criminal antecedent and he is in custody since 22.08.2025.

5. The learned Addl. Public Prosecutor for the State has vehemently opposed the prayer for bail.

6. Regard being had to the facts and circumstances of the case and taking note of the fact that the petitioner has remained in custody since 22.08.2025, let the petitioner, abovenamed, be released on bail on his furnishing bail bond of Rs.

Patna High Court CR. MISC. No.90430 of 2025(3) dt.11-02-2026 3/3 10,000/- (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 Belsand P.S. Case No. 131 of 2025, subject to the following conditions:- (i) One of the bailors of the petitioner shall be his close relative and the other shall be a local resident. (ii) The petitioner shall remain physically present before the concerned Court on each and every date of the trial and shall cooperate in the investigation. (iii) In case of absence for two consecutive occasions or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the concerned Court.

(iv) The concerned Court shall verify the criminal antecedent of the petitioner and in case, at any stage, it is found that he has concealed his criminal antecedent, the Court concerned shall take necessary steps for cancellation of his bail bond. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

7. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial.

8. The application stands allowed.

(Sourendra Pandey, J) Praveen-II/- U T