Prem KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42006 of 2026
                       Arising Out of PS. Case No.-374 Year-2025 Thana- GRIYAK District- Nalanda
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                 Prem Kumar, Son of Pappu Kumar @ Pappu Paswan, Resident of Village -
                 Rani Sarai, Katrisarai, P.S. - Giriyak (Pawapuri O.P.), District - Nalanda.
                                                                                     ... ... Petitioner
                                                       Versus
                 The State of Bihar
                                                          ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Davendra Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   02-07-2026                  Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is not named in the FIR

                   and apprehending his arrest in connection with Giriyak

                   (Pawapuri O.P.) P.S. Case No.374 of 2025 registered under

                   Sections 137(2), 140(3) of the Bhartiya Nyaya Sanhita,

                   2023 (in short ‘B.N.S.’).

                                3.      As per FIR, the informant alleged that his

                   grand-daughter and one of her friend both aged about 15

                   years went to High School, Ghoshrawan for their study but,

                   failed to return village by evening, whereafter he made lot of

                   search for them but, finally could not traced them. He
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          alleged that his grand-daughter and her friend intentionally

          left their home. Further, informant disclosed the descriptions

          of both missing girls in the FIR.

                       4.    It is submitted by learned counsel for the

          petitioner that during course of investigation, the grand

          daughter of the informant was recovered and thereafter, her

          statement under Section 183 of the BNSS was recorded,

          where she stated that she left her home out of own will and

          went to the house of her friend namely, Prem Kumar. It is

          submitted that there is no allegation of physical relationship

          or sexual assault against petitioner. It is submitted that the

          similar allegation was raised by another minor girl for the co-

          accused Rohit Kumar. It is submitted that as this petitioner

          was given shelter to the grand daughter of the informant,

          who left her house due to certain argument with her parents,

          out of said reason, the petitioner was implicated falsely with

          present crime in question. It is submitted that allegation of

          kidnapping and sexual assault is not available against this

          petitioner and when informant came to know truth that

          petitioner did not commit anything wrong with his grand-
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          daughter, a compromise was made between the parties,

          which was filed before the court of Principal District and

          Sessions Judge, Nalanda, Biharsharif on 18.05.2026. The

          petitioner claimed clean antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions , as

          allegation of kidnapping and physical relationship/sexual

          assault not appears available against this petitioner, who is a

          man of clean antecedent, coupled with the fact that the

          dispute and differences for raising suspicion qua involvement

          of petitioner now appears compromised between the parties,

          accordingly, the petitioner, above-named, who is a man of

          clean antecedent, in the event of his arrest or surrender in

          the court below within a period of four weeks from today, is

          directed to be released 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 the learned

          C.J.M.,Nalanda in connection with Giriyak (Pawapuri O.P.)

          P.S. Case No.374 of 2025, subject to the conditions as laid

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