IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.79993 of 2025 Arising Out of PS. Case No.-146 Year-2025 Thana- SHEOHAR District- Sheohar ======================================================

Ankit Giri S/O Umakant Giri R/O village - Parsauni Taiyab , P. S - Sheohar, District - Sheohar ... ... Petitioner/s Versus

1. The State of Bihar

2. XX S/O YY R/O village -Sripur , P. S - Sheohar, District - Sheohar ... ... Opposite Party/s ======================================================

Appearance :

For the Petitioner/s : Mr.Devendra Kumar, Adv For the Opposite Party/s : Mr.Umesh Lal Verma, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER

3 21-01-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is in custody in connection with POCSO P.S Case No. 45 of 2025 registered for the offences punishable under Sections 137(2), 96 and 3(5) of the BNS and after completion of investigation the police submitted charge sheet under sections 137(2), 96 and 3(65) of the BNS 2023 as ell as Section 4 and 6 of the POCSO Act and Section 9 of the Prohibition of Child Marriage Act, 2006.

3. As per allegation in the FIR, petitioner along with the other accused persons in connivance with each other had kidnapped the daughter of the informant.

4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next submits that statement under Section 183 of BNSS has been recorded and she has mentioned that petitioner has not kidnapped the the daughter of the informant rather she has went with the petitioner with her own free will. He further submits that after the alleged occurrence, informant had married that girl with another boy. It is also submitted that petitioner is in judicial custody since 05.06.2025 having one antecedent which is also filed by the same informant.

5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.

6. On perusal of the FIR, case diary, Statement of victim recorded under Section 183 of the BNSS and impugned order dated 14.10.2025, it appears that statement of victim girl has been recorded under Section 183 of the BNSS in which she has stated that there is no allegation of sexual assault committed upon the victim. Moreover, victim girl was in contact with the petitioner since three years and she has went with her own free will with the petitioner. So, considering the aforesaid facts and circumstances of the case and submissions made on behalf of the learned counsel for the petitioner, let the above named petitioner be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, POCSO, Sheohar in connection with POCSO P.S Case No. 45 of 2025.

(Ramesh Chand Malviya, J)

Sunnykr/-

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