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Patna High Court

Raju DasversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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                          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/-

U       T


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