Patna High Court
Gaurav RamversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Bail was granted to the petitioner on the condition of a Rs 10,000 bond with two sureties.
Summary
The petitioner, Gaurav Ram, was arrested in connection with the alleged disappearance of the informant's minor daughter under Section 96 of the B.N.S. The prosecution alleged his involvement, but the victim was later recovered and gave statements under Sections 180 and 183 of the B.N.S.S, indicating she left home voluntarily and later mentioned the petitioner only in a vague context without alleging kidnapping or sexual assault. The petitioner, aged about eighteen, has no prior criminal record and has been in custody since May 2, 2025. The State and the informant opposed bail on the ground that the victim is a minor. The Court considered the lack of serious allegations, the victim’s statements, and the petitioner’s youth, and ordered that bail be granted on a bond of Rs 10,000 with two sureties.
Issues considered
- Whether bail should be granted to the petitioner accused under Section 96 of the B.N.S. when the alleged victim is a minor but no serious allegations such as kidnapping or sexual assault are made.
- Whether the statements recorded under Sections 180 and 183 of the B.N.S.S. affect the bail consideration.
Legislation cited
Subjects
- bail
- minor victim
- Section 96
- criminal procedure
- B.N.S.
- B.N.S.S.
- kidnapping allegation
- court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.54222 of 2025
Arising Out of PS. Case No.-106 Year-2025 Thana- CHAUTHAM District- Khagaria
======================================================
Gaurav Ram S/o Manoj Das Resident of Ward No. 8, Village- Nauranga, P.S.-
Chautham, District- Khagaria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dharmvir Yadav S/o Vishnudev Yadav R/o Vill Nauranga P.S. Chautham
District Khagaria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Anil Kumar Choudhary, Advocate
Mr. Viveka Nand Singh, Advocate
For the State : Mr.Shailendra Kumar, A.P.P.
For the Informant : Mr. Sandip Kumar Gautam, Advocate
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
6 16-02-2026 Heard Mr.Anil Kumar Choudhary, the learned counsel
for the petitioner assisted by Mr. Viveka Nand Singh, the learned
advocate and Mr. Shailendra Kumar, the learned A.P.P. for the State
and Mr. Sandip Kumar Gautam, the learned counsel appearing for the
informant.
2. The petitioner seeks bail in a case registered for the
offence punishable under Sections 96 of B.N.S. .
3. As per the prosecution case, it is alleged that the
petitioner is responsible for disappearance of informant’s daughter.
4. Learned counsel for the petitioner submits that from the
First Information Report itself, it would be evident that the victim
girl had left her home for filling up some form and did not come back
home and the name of the petitioner transpired on the basis of some
Patna High Court CR. MISC. No.54222 of 2025(6) dt.16-02-2026
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suspicion. It is further been submitted that victim girl was however,
recovered and her statement was recorded under Section 180 of the
B.N.S.S in paragraph 30 of the case diary wherein she has given a
specific statement that no one had kidnapped her and rather she had
left at her own will as her parents were forcibly trying to marrying
her of whereas she wanted to pursue her education. Subsequently, in
para 49 of the case diary, the statement of victim under Section 183
of B.N.S.S was also recorded wherein some diversion had been made
from her earlier statement, in as much as, the name of the petitioner
had been included to have taken her away on the motorcycle.
However, she has stated that wherever she was staying she was
staying all alone and she knew the petitioner who was a co-villager
where she used to read. No allegation of any assault, much less
sexual assault has been made upon the petitioner. Petitioner is also a
young boy who is in custody since 02.05.2025 and charge sheet has
been submitted. Petitioner has no criminal antecedent.
5. Learned APP for the State and learned counsel for the
informant have opposed the bail petition on the ground that the
informant’s daughter is a minor girl.
6. Taking into consideration the rival contention and also
considering the fact that there is no allegation made by the victim
with regard to any sexual assault etc. made upon her and she has also
refused internal medical examination, coupled with the fact that the
petitioner is also a young boy aged about eighteen years, the above
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named petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs10,000/- (Rupees Ten Thousand) 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 Chautham
P.S. Case No. 106 of 2025.
(Soni Shrivastava, J)
vashudha/-
U T
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