Bail is granted when allegations are unsupported by victim testimony and facts indicate petitioner's innocence.

For the Petitioner/s : Mr. Arun Kumar Tiwari, Advocate For the Informant : Mr. Sunil Pathak, Advocate For the State : Mr. Prem Kumar Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

2 20-01-2026 Heard Mr. Arun Kumar Tiwari, learned counsel for the petitioner, Mr. Sunil Pathak, learned counsel for the Informant and Mr. Prem Kumar Jha, learned APP for the State.

2. Petitioner seeks bail, who is in custody since

29.06.2025, in connection with Alamganj P.S. Case No. 605 of 2025, F.I.R. dated 08.06.2025 registered for the offences punishable under Sections 137(2), 96 of B.N.S. and later on Section 08, 12 of the POCSO Act .

3. The prosecution case, in short, is that accused persons including the petitioner are alleged to have kidnapped the minor daughter of the informant aged about 14 years for the purpose of marriage.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and he has been falsely implicated in the present case. He further submits that 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 under Section 183 of the B.N.S. S., 2023 was recorded in which she has not supported the case of the prosecution and she has performed the marriage with the petitioner in a temple at Gorakhpur. 5. Learned counsel for the Informant as well as learned Additional Public Prosecutor for the State has supported the contention of the petitioner.

6. Considering the facts and circumstances of the case and the fact that the petitioner has performed marriage with the victim girl and the victim has not supported the case of the prosecution, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. VI, Patna City, Patna in connection with Alamganj P.S. Case No. 605 of 2025, subject to the following conditions :-

(1) 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.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) 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 antecedents, 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)