Patna High Court
Amresh JhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The Court granted bail to the petitioner with specified conditions.
Summary
Amresh Jha was arrested on 26 November 2025 in connection with a case registered under Sections 137(2) and 96 of the BNS, following an FIR alleging the disappearance of a minor girl. The petitioner claimed a clean antecedent and argued that the FIR was fabricated, noting that the recovered victim gave a statement under Section 183 of the BNSS, 2023 that did not support the prosecution and refused medical examination. The State opposed bail, emphasizing the victim’s minority and the seriousness of the alleged offences. The Court, after considering the lack of victim cooperation and the petitioner’s clean record, ordered bail on a Rs.10,000 bond with two sureties and imposed conditions regarding trial attendance, non‑tampering with evidence, and verification of antecedents. The bail order was directed to be implemented by the District & Additional Sessions Judge‑VI‑cum‑Special Judge, POCSO Act, Sitamarhi.
Issues considered
- Whether bail should be granted to the petitioner despite the allegations under Sections 137(2) and 96 of the BNS.
- Whether the victim’s statement under Section 183 of the BNSS, 2023 and refusal of medical examination affect the bail decision.
Legislation cited
- BNS — s. 137(2), 96
- BNSS, 2023 — s. 183
- POCSO Act
Subjects
- bail
- minor victim
- fabricated FIR
- Section 183
- POCSO Act
- criminal antecedent
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12827 of 2026
Arising Out of PS. Case No.-48 Year-2025 Thana- GADHA District- Sitamarhi
======================================================
Amresh Jha S/o Devendra Jha R/o Village - Manik Chawk, Tola Thikha, Ward
No. 01, P.S - Gadha, District - Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. X W/o Late Ritlal Mahto R/o Village - Manik Chawk, Tola Thikha, Ward
No. 01, P.S - Gadha, District - Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Prabhat, Advocate
For the Opposite Party/s : Mr.Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 30-04-2026 Heard Mr.Krishna Prabhat, learned counsel for the
petitioner, learned counsel for the informant and Mr.Nirmal
Kumar Sinha, learned Additional Public Prosecutor for the
State.
2. The petitioner seeks bail, who is in custody since
26.11.2025 in connection with Gadha P.S. Case No. 48 of 2025,
F.I.R. dated 14.07.2025 registered for the offence punishable
under Sections 137(2) and 96 of BNS.
3. The prosecution case, in short, as per FIR on
10.07.2025, informant’s daughter date of birth 01.01.2013 went
missing when she had gone to school.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.12827 of 2026(3) dt.30-04-2026
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submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. Further
submits that the victim was recovered and her statement was
recorded under Section 183 of BNSS, 2023 in which she has not
supported the case of the prosecution and apart from that, she
has also refused for her medical examination. The police, after
investigation, submitted the chargesheet against the petitioner
and the petitioner is in custody since 26.11.2025.
5. Learned counsel for the informant and learned
A.P.P. for the State, on the other hand, has vehemently opposed
the prayer for bail of the petitioner and submits that the victim
was minor on the date of occurrence but fairly submits that the
victim has refused for her medical examination, apart from that
the victim has not supported the case of the prosecution.
6. Considering the aforesaid facts, petitioner has clean
antecedent and the victim has not supported the case of the
prosecution in her statement under Section 183 of BNSS,2023,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs.10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of learned District &
Additional Sessions Judge-VI-cum-Special Judge, POCSO Act,
Patna High Court CR. MISC. No.12827 of 2026(3) dt.30-04-2026
3/3
Sitamarhi in connection with Gadha P.S. Case No. 48 of 2025,
with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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