Patna High Court
Shailesh Giri @ Shailendra GiriversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted bail to the petitioner, directing release on a bond of Rs. 10,000 with two sureties.
Summary
The petitioner, Shailesh Giri, was arrested for alleged kidnapping of the informant's sister with the intent to solemnise marriage, and charged under Sections 137(2) and 87 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 and 6 of the POCSO Act. The FIR was lodged 39 days after the alleged incident, and the victim, now an adult, gave statements under Sections 180 and 183 BNSS stating that no untoward incident occurred. A medical report confirmed the victim’s age as above 22 years and found no evidence of recent sexual assault. The petitioner argued that the case stemmed from a land dispute between the families and that he has no prior criminal record. The State opposed bail, but the court, considering the victim’s statements, the medical report, the delayed FIR, and the land‑dispute motive, ordered the petitioner to be released on bail with a bond of Rs. 10,000 and two sureties.
Issues considered
- Whether bail should be granted in a case involving kidnapping and alleged offences under the POCSO Act.
- Whether the 39‑day delay in lodging the FIR and the victim’s statements under Sections 180 and 183 BNSS affect the bail decision.
- Whether the alleged land‑dispute motive negates the seriousness of the alleged offences for bail purposes.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 180, 183, 87
- Protection of Children from Sexual Offences Act — s. 4, 6
Subjects
- bail
- kidnapping
- POCSO
- Bharatiya Nyaya Sanhita
- land dispute
- FIR delay
- victim statement
- medical report
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83746 of 2025
Arising Out of PS. Case No.-398 Year-2025 Thana- BARHARIA District- Siwan
======================================================
Shailesh Giri @ Shailendra Giri Son of Late Devi Dayal Giri Resident of
village -Mushehari Tola PS -Barhariya District -Siwan
... ... Petitioner/s
Versus
1. The State of Bihar
2. Dharampal Kumar Singh son of Late Saroj Singh Resident of village
-Mushehari Tola PS -Barhariya District -Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Dr. Ranjeet Kumar, Advocate
Mr. Kanishk Kaustubh, Advocate
Ms. Lakshmi Kumari, Advocate
For the Opposite Party/s : Mrs. Anita Kumari, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 23-02-2026 Heard learned counsel for the petitioner and learned
APP for the State but, in spite of valid service of notice, none
appeared on behalf of opposite party no.2.
2. The petitioner seeks bail in a case registered for
the offence punishable under Sections 137(2) and 87 of the
Bharatiya Nyaya Sanhita, 2023 and Section 4 & 6 of the
POCSO Act.
3. As per the prosecution case, the petitioner in
association of other co-accused is said to have kidnapped the
sister of the informant with an intention to solemnize marriage.
4. It is submitted by learned counsel for the
petitioner that the First Information Report was lodged after an
unexplained delay of 39 days and the victim herself made
Patna High Court CR. MISC. No.83746 of 2025(4) dt.23-02-2026
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appearance before the police on 09.09.2025, which would be
evident from para-39 of the case diary. In her statement recorded
under Section 180 BNSS, she has clearly stated that when she
was conscious, no untoward incident had happened with her and
the same kind of statement has also been given under Section
183 BNSS. So far as the age of the victim is concerned, the
medical report indicates her age to be above 22 years and no
evidence suggestive of recent sexual assault has also been
opined therein. The reason for the false implication of the
petitioner has been brought on record by way of Annexure-2,
which indicates that there was a land dispute between the parties
and cases against the informant and other family members were
also filed by the relative of the petitioner. The petitioner has
been languishing in custody since 28.09.2025 with no criminal
antecedent.
5. Learned APP for the State opposed the bail
petition.
6. Taking into consideration the facts and
circumstances of the case and also considering the statements of
the victim, the medical report coupled with the fact that there is
a land dispute also between the parties, the above named
petitioner is directed to be enlarged on bail on furnishing bail
Patna High Court CR. MISC. No.83746 of 2025(4) dt.23-02-2026
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bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned Court
below where the case is pending/successor Court in connection
with Barhariya P.S. Case No.398 of 2025.
(Soni Shrivastava, J)
Trivedi/-
U T
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