Md. JalalversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71119 of 2025
                     Arising Out of PS. Case No.-103 Year-2024 Thana- HASANGANJ District- Katihar
                 ======================================================
                 Md. Jalal S/O Md. Ishak R/O Village- Islampur Purab Dherwa, P.S.-
                 Hasanganj, District- Katihar

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    ABC W/O XYZ R/O Village- Islampur Bandewar, P.S.- Hasanganj, District-
                 Katihar (Informant)

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Diwakar Upadhyaya
                 For the Opposite Party/s :       Mr. Narsingh Tanti
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   15-04-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 74, 352, 137(2), 96 and 3(5) of the B.N.S., 2023 and

                   Section 4(1) of POCSO Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and the informant

                   alleges that petitioner enticed and kidnapped her minor daughter

                   for the purposes of marriage.

                                4. Learned counsel for the petitioner submits that
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          petitioner has been falsely implicated in the instant case by the

          informant. It is next submitted that the victim came back and her

          statement was recorded under Section 183 BNSS wherein she

          has not supported the case of the prosecution rather has stated

          that her father used to rape her and forced her to indulge in

          prostitution, the victim has also disclosed that her father forced

          her mother and sister even to indulge in prostitution, further

          that it was her father who had sent the victim to the petitioner

          and when the victim met the petitioner, she requested him to

          marry her, thereafter they went to Haryana and performed their

          court marriage and when the victim came to know about the

          instant case she came back and gave her statement before the

          police and thereafter her statement was also recorded under

          Section 183 BNSS.

                        5. Learned counsel for the petitioner submits that the

          informant under pressure of her husband has instituted the

          instant false case and after the statement of the victim was

          recorded under Section 183 BNSS, thereafter again the instant

          informant has instituted a separate criminal case against the

          petitioner.

                        6. Learned A.P.P. for the State and the learned counsel

          appearing on behalf of the informant opposes the prayer for
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                       anticipatory bail of the petitioner but then are not in a position to

                       rebut the submission of the learned counsel appearing on behalf

                       of the petitioner that the victim in her statement recorded under

                       Section 183 BNSS has not supported the case of the

                       prosecution.

                                    7. Considering the submissions made by the learned

                       counsel for the petitioner, the petitioner above-named, in the

                       event of his arrest or surrender within a period of six weeks

                       from today, be released on anticipatory bail on furnishing bail

                       bonds of Rs.5000/- (Rupees Five Thousand) with two sureties of

                       the like amount each to the satisfaction of the learned trial court

                       where the case is pending/successor court in connection with

                       Hasanganj P.S. Case No.103/2024 (District-Katihar), subject to

                       the conditions as laid down under Section 482(2) B.N.S.S.



                                                 (Satyavrat Verma, J)
amit/-

U        T