Bail may be granted when the victim does not support the prosecution case and terms for bail are observed.

For the Petitioner/s : Mr. Dewendra Narayan Singh, Advocate For the Opposite Party/s : Mrs. Gulnar Begum, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 20-01-2026 Heard Mr. Dewendra Narayan Singh, learned counsel for the petitioner and Mrs. Gulnar Begum, learned Additional Public Prosecutor for the State.

2. Petitioner seeks bail who is in custody since

14.07.2025 in connection with Sessions Trial No. 1037 of 2025 arising out of Awatar Nagar P.S. Case No. 177 of 2025, F.I.R. dated 27.06.2025 for the offences punishable under Sections

137(2), 96 of the B.N.S.

3. According to prosecution case, the petitioner and the co-accused persons are alleged to have kidnapped the minor daughter of the informant for the purpose of marriage. 4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. The allegation as alleged in the F.I.R is false and fabricated and the petitioner has not committed any offence as alleged in the F.I.R. The victim was recovered and her statement was recorded under Section 183 of the B.N.S. S. in which she has not supported the prosecution case. He further submits that the police after investigation submitted the charge sheet against the petitioner. The petitioner is in custody since 14.07.2025.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances that the victim has not supported the prosecution case in her statement recorded under Section 183 of the B.N.S. S., let the petitioner, above named, 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 the learned Additional Sessions Judge-XVII, Saran at Chapra in connection with Sessions Trial No. 1037 of 2025 arising out of Awatar Nagar P.S. Case No. 177 of 2025, subject to the following conditions:-

i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on his absence on two consecutive dates without sufficient reason, his bail bond shall be cancelled by the Court below.

ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed his criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J)