IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40780 of 2025 Arising Out of PS. Case No.-556 Year-2024 Thana- MOTIHARI MUFASIL District- East Champaran ======================================================

1. Sonu Kumar S/O Molan Sahni Resident of village- Fursatpur, PS- Muffasil Motihari, Distt-East Champaran

2. Rakesh Kumar S/O Molan Sahni Resident of village- Fursatpur, PS-

Muffasil Motihari, Distt-East Champaran ... ... Petitioner/s Versus

1. The State of Bihar Bihar

2. Sunita Devi W/O Late Shambhu Sahni Resident of village- Fursatpur, PS-

Muffasil Motihari, Distt-East Champaran ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : None For the Opposite Party/s : Mr. Mohammad Sufyan ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER

5 17-01-2026 1. Heard learned counsel for the Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Muffasil Police Station Case No. 556 of 2024, disclosing offences under Sections 96, 3(5) of the BNS, 2023.

3. It has been alleged in the FIR that on 11.11.2024 at about 3 am, the minor daughter of the informant, namely Baby Kumari, went to attend the nature's call. The petitioners suddenly arrived on a motorcycle and took away the daughter of the informant on motorcycle. The informant, thereafter, went to the house of the petitioner No. 1/Sonu Kumar where the family members of petitioner No. 1 abused the informant and said that petitioner No. 1 has performed marriage with her daughter.

4. No one appears for the petitioners.

5. Learned counsel for the state is present.

6. From perusal of the bail application, it appears that the stand of the petitioners is that they have falsely been implicated in this case. The victim girl has not supported the prosecution story in her statement recorded under Section 183 of the BNSS, 2023. The Section 96 of the BNS, 2023, is not applicable in the facts of the case because the victim girl was not forced or seduced for illicit intercourse by the petitioners. The allegation in the FIR is that victim girl was kidnapped for the purpose of marriage.

7. From perusal of the FIR and the statement of the victim girl recorded under Section 183 of the BNSS, 2023, it appears that in her statement recorded under Section 183 of the BNSS, 2023, the victim girl has disclosed her age about 17 years and has said that on 11th November 2024 at about 11 p.m. in the night, she voluntarily fled away from her house because her family members fixed the marriage of the victim girl along with an aged man.

8. Considering the nature of allegation and the statement of the victim girl, I am inclined to grant the petitioners privilege of anticipatory bail.

9. This application is, accordingly, allowed.

10. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Motihari, East Champaran, in connection with Muffasil Police Station Case No. 556 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.

(Anil Kumar Sinha, J)

HarshPandey/-

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