Patna High Court
Dhiraj Pathak @ Gunjan Pathak @ Dhiraj Kumar PathakversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
Holding
The court granted regular bail to the petitioner.
Summary
The petitioner, Dhiraj Pathak, applied for regular bail in a case registered under Sections 137(2) and 96 of the BNS concerning the alleged abduction of an informant's daughter. The informant alleged that the petitioner and his associates lured the girl away from school, while the petitioner claimed innocence, stating there was a consensual relationship and that the victim voluntarily stayed at his house. The victim’s statement was recorded under Section 183 of the BNSS, suggesting it was made under pressure from her parents. Both counsel admitted that the victim was residing with the petitioner. Considering the circumstances, the court ordered the release of the petitioner on bail with a bond of Rs.10,000 and two sureties, subject to his cooperation in the trial.
Issues considered
- Whether regular bail should be granted to the petitioner for offences under Sections 137(2) and 96 of the BNS.
- Whether the alleged abduction and the victim’s residence with the petitioner constitute grounds to deny bail.
Legislation cited
Subjects
- regular bail
- BNS
- BNSS
- Section 137
- Section 96
- Section 183
- abduction allegation
- victim residence
- Bihar criminal law
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69650 of 2025
Arising Out of PS. Case No.-5 Year-2025 Thana- KARTAHA District- Vaishali
======================================================
Dhiraj Pathak @ Gunjan Pathak @ Dhiraj Kumar Pathak Son of Ram Janak
Pathak Resident of Village - Kataroo, Pathak Tola, Police Station - Paroo,
District - Muzaffarpur.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. Kishor Sahni Son of Jalim Sahni Resident of Village - Patepur, Ward No. 10,
Post Office - Paura, P.S.- Kartaha, District - Vaishali (Pin Code - 84117)
(Mobile No. 9142055227).
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bhavesh Kumar
For the Opposite Party/s : Mr.Bharat Lal
======================================================
CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
PANDEY
ORAL ORDER
4 05-02-2026 Heard learned counsel for the petitioner as well
as learned APP for the State.
2. In this case, the petitioner is seeking regular bail
in connection with Kartaha P.S. Case No. 05 of 2025, registered
for the offences punishable under Sections 137(2), 96 of the
BNS.
3. As per allegation, the daughter of the informant
went for school but she didn’t return. The informant further
came to know that the petitioner along with his associates
enticed away her daughter.
4. The learned counsel for the petitioner has
Patna High Court CR. MISC. No.69650 of 2025(4) dt.05-02-2026
2/2
submitted that the petitioner is innocent and has falsely been
implicated. As a matter of fact, there was love and affection
between the petitioner and the victim. The victim, in pressure of
her parents, rendered her statement under Section 183 of BNSS.
The victim is still residing in the house of the petitioner.
5. On the other hand, the learned counsel for the
informant fairly admits that the victim is residing in the house of
the petitioner.
6. Considering the above-mentioned facts and
circumstances, let the petitioner above-named be released on
bail on furnishing bail bonds of Rs.10,000/- with two sureties
of the like amount each to the satisfaction of learned Judicial
Magistrate, 1st Class, Vaishali at Hajipur in connection with
Kartaha P.S. Case No. 05 of 2025, subject to the condition that
the petitioner shall cooperate in the disposal of trial and make
himself available as and when required by the court.
(Nawneet Kumar Pandey, J)
kundan/-
U T
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