The court granted bail based on the victim's non-supportive testimony and the petitioner's clean antecedent.

For the Petitioner/s : Mr. Md Danish Quamar, Advocate For the Opposite Party/s : Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER

4 21-01-2026 Heard Mr. Md Danish Quamar, learned counsel for the petitioner and Mr. Binod Kumar, learned APP for the State.

2. Petitioner seeks bail, who is in custody since

18.08.2025, in connection with Jamo Bazar P.S. Case No. 11 of 2022, F.I.R. dated 23.01.2022 registered for the offences punishable under Sections 363 , 366(A) and 34 of the Indian Penal Code .

3. Allegation against the petitioner is that he along with other co-accused persons have kidnapped the daughter of the informant 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 refused for her medical examination. He further submits that the police after investigation submitted chargesheet against the petitioner and the petitioner is in custody since 18.08.2025.

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

6. Considering the facts and circumstances of the case and the fact that the petitioner having clean antecedent and the victim has not supported the case of the prosecution in her statement recorded under Section 183 of the B.N.S.S. , 2023, 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 Judicial Magistrate, 1^st Class, Siwan in connection with Jamo Bazar P.S. Case No. 11 of 2022, 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.

7. Case diary submitted by the learned APP for the State is kept on record.