Vibha DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40168 of 2026
                     Arising Out of PS. Case No.-23 Year-2026 Thana- GAIGHAT District- Muzaffarpur
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           1.     Vibha Devi, W/o Dinesh Ray,
           2.    Dinesh Ray, S/o Late Sitaram Rai
                 Both are resident of Village- Loma, P.S.- Gaighat, District- Muzaffarpur
                                                                               ... ... Petitioners
                                                    Versus

           1.    The State of Bihar
           2.     X, W/o “Mr. Y” Resident of Village-Loma, P.S.-Gaighat, District-
                  Muzaffarpur.
                                                             ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Bimlesh Kumar Pandey, Advocate
                 For the Opposite Party/s :       Ms. Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   23-06-2026                  Heard learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                2. Both accused/petitioner are named in the FIR

                   and apprehending their arrest in connection with Gaighat

                   P.S. Case No.23 of 2026 registered under Sections 137(2)

                   and 96 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023

                   (in short ‘B.N.S.’).

                                3. As per FIR, the petitioners alleged to involve in

                   kidnapping of minor daughter of informant along with other

                   co-accused persons for the purpose of marriage/illicit

                   intercourse.
Patna High Court CR. MISC. No.40168 of 2026(2) dt.23-06-2026
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                       4.     It is submitted by learned counsel appearing

          for petitioners that the daughter of informant was in love

          with Pramod Kumar, who is son of petitioners, which is the

          reason for their false implication out of oblique motive as to

          harass the entire family members. It is pointed out that the

          statement of victim was contradictory, as while recording her

          statement under Section 180 of the Bhartiya Nagrik

          Suraksha Sanhita, 2023 (in short ‘BNSS’), she stated that

          she left her parental home on account of torturous activities

          of her family members, saying nothing incriminating against

          petitioners and other co-accused persons, whereas while her

          statement recorded under Section 183 of the BNSS, she

          categorically stated that she was kidnapped by petitioners

          and others while she was collecting wood from ‘ chaur’. Both

          petitioners claimed clean antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of contradictory statement of victim as recorded

          under Sections 180 and 183 of the BNSS, as also the fact

          that the thrust of allegation is available against Pramod
           Patna High Court CR. MISC. No.40168 of 2026(2) dt.23-06-2026
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                     Kumar, who is son of these petitioners, accordingly, both

                     above-named petitioners, who are of clean antecedent, in

                     the event of their arrest or surrender in the court below

                     within a period of four weeks from today, are directed to be

                     released on bail on furnishing bail bond of Rs.10,000/-

                     (Rupees Ten Thousand) each with two sureties of the like

                     amount each to the satisfaction of the learned Exclusive

                     Special Court POCSO-III, Muzaffarpur in connection with

                     Gaighat P.S. Case No.23 of 2026, subject to the conditions

                     as laid down under Section 438(2) of the Code of Criminal

                     Procedure (in short ‘CrPC’)/under Section 482(2) of the

                     Bhartiya Nagrik Suraksha Sanhita, 2023 (in short ‘BNSS’).


                                                         (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T