Bichari Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.718 of 2026 Arising Out of PS. Case No.-258 Year-2025 Thana- CHIRAIYA District- East Champaran ====================================================== Bichari Kumar S/o Shambhu Rai @ Shambhu Yadav R/o Village - Santpur, P.S - Muffasil, District - East Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X S/o Ramchandra Sahni R/o Village - Lalbegiya, P.S - Chiraiya, District - East Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Tiwari, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR ORAL ORDER 19-03-2026 Heard learned counsel for the petitioner and learned APP for the State. Even after valid service of notice upon O.P. No.2 he has chosen not to appear before this Court.

2. The petitioner has preferred this application for grant of regular bail in connection with Chiraiya P.S. Case No. 258 of 2025 dated 21.06.2025 registered for the offences punishable under Sections 96 and 3(5) of B.N.S.

3. As per the prosecution case, the informant, namely, Ramprasad Sahni alleged that on 28.05.2025 at about 05:30 AM, his minor daughter went to attend nature's call, but she did not return till late hours. Thereafter, the informant inquired about the same and he came to know that petitioner and co-

Patna High Court CR. MISC. No.718 of 2026(3) dt.19-03-2026 2/3 accused persons kidnapped his daughter on the pretext of marriage. When the informant went to the house of petitioner and co-accused for inquiry of his daughter then this petitioner and co-accused persons abused and assaulted the informant and all the accused persons threatened him to kill his daughter.

4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in this case and referring to Section 183 of B.N.S.S. statement which was called for by order dated 15.01.2026, it submits that nothing has been alleged against the petitioner. Moreover, she has stated that her parents were trying to get her marriage with an elderly person so she left the house and went her aunt's house. Moreover, she went to Nepal and started selling fruits and when she came to know about this false case she came back and gave her statement under Section 183 of B.N.S.S. The charge-sheet has been submitted in this case and there is no allegation of tampering. It is further submitted that this petitioner is in custody since 13.07.2025 and petitioner is an accused in one case, but not of similar nature, in which he is on bail.

5. Learned A.P.P. for the State has vehemently opposed the prayer for bail of the petitioner.

6. Considering the facts and circumstances of the

Patna High Court CR. MISC. No.718 of 2026(3) dt.19-03-2026 3/3 case, particularly the statement of the victim recorded under Section 183 of B.N.S.S., the petitioner above-named, is directed to be enlarged on bail on furnishing bail-bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Court concerned, Motihari, East Champaran, in connection with Chiraiya P.S. Case No. 258 of 2025.

7. The application stands allowed.

(Praveen Kumar, J) shivam/- U T