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Patna High Court

Sunil RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted regular bail to the petitioner, directing release upon furnishing a bail bond of Rs.10,000 with two sureties.

Summary

The petitioner, Sunil Ray, applied for regular bail in a case registered under sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023, concerning the alleged abduction of a minor girl. The prosecution’s FIR alleged that the girl went missing and a mobile number linked to the petitioner was found, but the girl later returned and gave a statement under section 183 denying any misconduct by the petitioner and refused a medical examination. The petitioner argued that he was falsely implicated, had no prior criminal record, and had been in custody since 15‑06‑2025. The court considered the victim’s statement, the refusal of medical examination, the length of pre‑trial detention, and the submission of the charge‑sheet. Finding no substantive evidence against the petitioner and noting his clean record, the court ordered his release on bail upon furnishing a bond of Rs.10,000 with two sureties.

Issues considered

  • Whether bail should be granted under sections 96 and 137(2) of the Bharatiya Nyaya Sanhita, 2023 in view of the victim’s statement and refusal of medical examination
  • Whether the length of pre‑trial custody and the submission of a charge‑sheet justify denial of bail
  • Whether the petitioner’s lack of prior criminal antecedents warrants bail

Legislation cited

Subjects

  • bail
  • criminal procedure
  • Bharatiya Nyaya Sanhita
  • victim statement
  • medical examination refusal
  • chargesheet
  • pre‑trial detention
  • no prior criminal record

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74423 of 2025
                     Arising Out of PS. Case No.-104 Year-2025 Thana- POTHIYA District- Kishanganj
                 ======================================================
                 Sunil Ray S/O Faudriya Ray Resident of Village- Manikpur, P.S- Tinpahar,
                 District- Sahebganj (Jharkhand).

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Amal Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Braj Kishore Pd.(APP)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

3   21-01-2026                1. Heard learned counsel for the parties.

                              2. The petitioner has preferred this application for grant

                   of regular bail in connection with Sessions Trial no.206 of 2025

                   (arising out of Pothia P.S. Case no.104 of 2025) registered under

                   sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023.

                               3. As per the prosecution case, the informant states that

                   his minor daughter who had gone to her aunt’s house did not

                   return and was not to be found inspite of search. Subsequently a

                   mobile number was discovered in his daughter’s room. On

                   calling the said number, the informant states that the person on

                   the other side disconnected the telephone.

                                 4. Learned counsel for the petitioner submits that the

                   petitioner was falsely implicated in the case in course of

                   investigation. The daughter of the informant is a major and had
Patna High Court CR. MISC. No.74423 of 2025(3) dt.21-01-2026
                                            2/3




          gone with the petitioner out of her own free will. She returned

          and her statement was recorded under section 183 B.N.S.S.

          wherein she has not supported the prosecution case. It has also

          come in paragraph no.89 of the case diary that she has refused

          to undergo medical examination and has categorically stated

          that the petitioner has not misbehaved with her. The petitioner is

          in custody since 15.6.2025 and has no criminal antecedent.

          Chargesheet has been submitted in the case.

                      5. The application for bail is opposed by learned A.P.P.

          for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the allegations in the FIR, the material

          that has transpired in course of investigation and specially the

          contents of the statement recorded in paragraph no.89 of the

          case diary wherein the victim refused to undergo medical

          examination, her statement recorded under section 183

          B.N.S.S., the petitioner having remained in custody for 7

          months since 15.6.2025, the petitioner not having any criminal

          antecedent and chargesheet having been submitted in the case,

          the Court directs the petitioner to be enlarged on bail in

          connection with Sessions Trial no.206 of 2025 (arising out of

          Pothia P.S. Case no.104 of 2025) on furnishing bail bond of
            Patna High Court CR. MISC. No.74423 of 2025(3) dt.21-01-2026
                                                        3/3




                      Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like

                      amount each to the satisfaction of the learned District and

                      Additional Sessions Judge 1st, Kishanganj.



                                                  (Partha Sarthy, J)
Saurabh/-

U      T


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