Patna High Court
Sunil RayversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 183, 96
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
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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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