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Patna High Court

Prithvi TantiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        2/2




                      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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