Patna High Court
Prithvi TantiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court allowed the application for regular bail.
Summary
The petitioners, Prithvi Tanti and Lalan Tanti, were arrested in connection with a case registered under several sections of the Bharatiya Nyaya Sanhita, 2023, alleging abduction of a girl. They applied for regular bail, claiming innocence and having been in custody since 22 February 2026. The State opposed the bail on the basis of the alleged offences. The court examined the victim's statement recorded under Section 183 BNSS, which indicated that the girl had left her house voluntarily. Considering these facts, the court allowed the bail application, directing the petitioners to furnish bail bonds of Rs. 10,000 each with two sureties of the same amount. The order was made on a prima facie basis and does not prejudice the merits of the trial.
Issues considered
- Whether regular bail should be granted to the accused under Sections 115(2), 126(2), 351(3), 352, 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, in view of the victim's statement that she left voluntarily.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126(2), 183, 3(5), 351(3), 352, 96
Subjects
- regular bail
- abduction
- Bharatiya Nyaya Sanhita
- victim statement
- prima facie
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39708 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- Chitragupta Nagar District- Khagaria
======================================================
1. Prithvi Tanti S/o Vindeshwri Tanti R/o - Ekaniya English Tola, P.S -
Muffasil, District- Khagaria, Presently Resident of - Naya Punarvas
Bachhouta Rabri Nagar, P.S - Chitragupt Nagar, District - Khagaria
2. Lalan Tanti S/o Vindeshwri Tanti R/o - Ekaniya English Tola, P.S - Muffasil,
District- Khagaria, Presently Resident of - Naya Punarvas Bachhouta Rabri
Nagar, P.S - Chitragupt Nagar, District - Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandan Kumar Singh
For the Opposite Party/s : Mr. Mukesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 22-06-2026 Heard the learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek regular bail in connection with
Chitraguptanagar P.S. Case No. 15 of 2026 registered for the
offence under Section(s) 115(2), 126(2), 351(3), 352, 96 and
3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the petitioners and
others are accused of abducting the victim.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have not committed any offence.
The petitioners are in custody since 22.02.2026.
5. Learned A.P.P. for the State has vehemently
Patna High Court CR. MISC. No.39708 of 2026(2) dt.22-06-2026
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opposed the prayer for bail.
6. I have considered the submissions of the parties and
have gone through the records of the case. From the statement
of the victim girl recorded under Section 183 BNSS, it appears
that she left her house on her own.
7. Considering the aforesaid facts and circumstances,
this application for regular bail is allowed.
8. Accordingly, let the petitioners, above named, be
released on bail on furnishing bail bonds of Rs. 10,000/- (Ten
Thousand) each 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 Chitraguptanagar
P.S. Case No. 15 of 2026.
9. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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