Patna High Court
Raju DasversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
Bail was granted to the petitioner subject to the conditions imposed by the Court.
Summary
Raju Das, the petitioner, was arrested in connection with a case registered under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023, alleging that he had enticed a minor girl for marriage. The victim later gave a statement under Section 183 stating she had gone voluntarily, faced no force or sexual abuse, and refused medical examination. The petitioner contended that the allegations were false, he had no criminal antecedent, and had been in custody since 22‑08‑2025. The State opposed bail, but the Court, considering the victim’s statement and the petitioner’s prolonged detention, granted bail on a bond of Rs.10,000 with two sureties and imposed conditions regarding court appearance and verification of antecedents. The order also clarified that any observations made would not affect the trial.
Issues considered
- Whether bail should be granted to the petitioner accused under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
- Whether the victim’s voluntary statement under Section 183 negates the elements of the alleged offences.
- Whether the petitioner’s prolonged pre‑trial custody justifies the grant of bail.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 183, 3(5), 96
Subjects
- bail
- pre‑trial detention
- Section 96 B.N.S.
- Section 3(5) B.N.S.
- Section 183 B.N.S.
- victim statement
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90430 of 2025
Arising Out of PS. Case No.-131 Year-2025 Thana- BELSAND District- Sitamarhi
======================================================
Raju Das, S/o Chalitra Das, Resident of Village- Madhkaul, Ward No.13, P.S.-
Belsand, District - Sitamarhi
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Jha, Adv.
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
3 11-02-2026 Heard the learned counsel for the petitioner and
the learned Addl. Public Prosecutor for the State.
2. The petitioner, who is in custody, seeks bail in
connection with Belsand P.S. Case No. 131 of 2025 registered
for the offence(s) punishable under Section(s) 96 and 3(5) of the
Bharatiya Nyaya Sanhita, 2023 (B.N.S.).
3. As per the First Information Report, the
informant has alleged that his minor daughter had gone to the
coaching centre and did not return thereafter till evening and on
search, he came to know that his daughter had been enticed
away by one Raju Das (the petitioner) for the purposes of
marriage.
Patna High Court CR. MISC. No.90430 of 2025(3) dt.11-02-2026
2/3
4. The learned counsel for the petitioner submits
that the petitioner has falsely been implicated in this case and
the allegations levelled against him are false. It has been
submitted that the victim was recovered and her statement was
recorded under Section 183 of the B.N.S.S., wherein she has
categorically stated that she had gone to Sitamarhi and then to
Surat and was living alone and nobody had used any forced
against her. The victim has also specifically stated that she was
not sexually abused and when her brother came in her search,
she came back along with him. It has further been submitted
that the victim had gone along with the petitioner out of her own
volition, which is amply supported by her in her statement made
under Section 183 of the B.N.S.S. It has also been submitted
that the victim girl had refused to be medically examined. It has
lastly been submitted that the petitioner carries no criminal
antecedent and he is in custody since 22.08.2025.
5. The learned Addl. Public Prosecutor for the State
has vehemently opposed the prayer for bail.
6. Regard being had to the facts and circumstances
of the case and taking note of the fact that the petitioner has
remained in custody since 22.08.2025, let the petitioner, above-
named, be released on bail on his furnishing bail bond of Rs.
Patna High Court CR. MISC. No.90430 of 2025(3) dt.11-02-2026
3/3
10,000/- (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 Belsand P.S.
Case No. 131 of 2025, subject to the following conditions:-
(i) One of the bailors of the petitioner shall be his
close relative and the other shall be a local resident.
(ii) The petitioner shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioner will be liable to be cancelled by the concerned
Court.
(iv) The concerned Court shall verify the criminal
antecedent of the petitioner and in case, at any stage, it is
found that he has concealed his criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of his bail bond. However, the acceptance of bail bond in
terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
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