Tuntun ChoudharyversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5542 of 2026
                     Arising Out of PS. Case No.-53 Year-2023 Thana- PHULWARIA District- Begusarai
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                 Tuntun Choudhary Son of Heera Chaudhary R/O Village - Atarua Ward No.-
                 11, P.S.- Bhagwanpur, District - Begusarai.

                                                                                   ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar Yadav, Advocate
                 For the Opposite Party/s :       Mr. Ramchandra Sahni, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   23-03-2026                    Heard Mr. Sunil Kumar Yadav, learned counsel for

                   the petitioner and Mr. Ramchandra Sahni, learned Additional

                   Public Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   29.06.2025 in connection with Phulwaria P.S. Case No. 53 of

                   2023, F.I.R. dated 05.04.2023 for the offences punishable under

                   Sections 366(A)/34 of the I.P.C. but the police after

                   investigation submitted charge sheet under Section 365 of the

                   I.P.C.

                               3. According to prosecution case, this petitioner along

                   with other accused persons have kidnapped the daughter of the

                   informant.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and he has falsely been
Patna High Court CR. MISC. No.5542 of 2026(3) dt.23-03-2026
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          implicated in the present case. The allegation as alleged in the

          F.I.R is false and fabricated and the petitioner has not committed

          any offence as alleged in the F.I.R. In fact, the petitioner was in

          love with the victim and the statement of the victim was

          recorded under Section 183 of the BNSS, 2023 in which she has

          stated that the petitioner has not done anything wrong with her.

          Apart from that the victim has refused for her physical and

          internal medical examination in the presence of I.O. He further

          submits that the police after investigation submitted the charge

          sheet against the petitioner. The petitioner is in custody since

          29.06.2025.

                      5. The learned Additional Public Prosecutor has

          vehemently opposed the prayer for bail of the petitioner.

                       6. Considering the aforesaid facts and circumstances

          that the petitioner has clean antecedent, victim has not supported

          the case of the prosecution and she has refused for her medical

          examination, let the petitioner, above named, be released on bail

          on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with

          two sureties of the like amount each to the satisfaction of the

          learned Judicial Magistrate 1st Class, Begusarai in connection

          with Phulwaria P.S. Case No. 53 of 2023, subject to the

          following conditions:-
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                                   i. Petitioner shall co-operate in the trial and shall be

                      properly represented on each and every date fixed by the court

                      and shall remain physically present as directed by the court and

                      on his absence on two consecutive dates without sufficient

                      reason, his bail bond shall be cancelled by the Court below.

                                   ii. If the petitioner tampers with the evidence or the

                      witnesses, in that case, the prosecution will be at liberty to

                      move for cancellation of bail.

                                   iii. And further condition that the court below shall

                      verify the criminal antecedent of the petitioner and in case at

                      any stage it is found that the petitioner has concealed his

                      criminal antecedent, the court below shall take step for

                      cancellation of bail bond of the petitioner. However, the

                      acceptance of bail bonds in terms of the above-mentioned order

                      shall not be delayed for purpose of or in the name of

                      verification.



                                             (Rajesh Kumar Verma, J)
Vanisha/-

U      T