The court granted bail based on the absence of prior criminal records and the nature of the allegations under the Bharatiya Nyaya Sanhita related to a minor's voluntary action.

CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER

4 10-12-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner seeks bail in connection with Chiraiya P.S. Case No. 403 of 2024 dated 13.10.2024, instituted for the offence punishable under Sections 96 of the Bharatiya Nyaya Sanhita , 2023.

3. The prosecution case, in short is that on 12.10.2024 at about 03:00 pm, the grand daughter of the informant went to mango orchard but she did not return. When the informant enquired about his grand daughter, he came to know that some unknown person has kidnapped his grand daughter.

4. Learned counsel for the petitioner submits that the petitioner is innocent and he has been falsely implicated in this case. It is further submitted that there was love affairs between the petitioner and the victim due to which the victim eloped with the petitioner on her own sweet will. The date of birth of the victim according to school records is 11.03.2009, whereas, the date of birth of the petitioner according to school records is 15.07.2007. Learned counsel further submitted that the petitioner was aged about 18 years at the time of occurrence and both the victim and the petitioner are adolescent. The statement of the victim was recorded under Section 183 of the B.N.S.S. in which she stated that she got in contact with the petitioner through Snapchat (a social media platform) and she voluntarily left her house and accompanied the petitioner and went to Patna and then went to Punjab. Lastly, it has been submitted that the petitioner is in custody since 24.03.2025, having no criminal antecedents and charge-sheet has been submitted in the case.

5. Learned A.P.P. has opposed the prayer for bail of the petitioner.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioner be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Sub-Divisional Judicial Magistrate, Motihari, West Champaran in Chiraiya P.S. Case No. 403 of 2024.

(Khatim Reza, J)