Sanju Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1177 of 2025 Arising Out of PS. Case No.-402 Year-2024 Thana- RAJAPAKAR District- Vaishali ====================================================== Vikash Ray Son of Ram Janam Ray village- Dayalpur Rakku Tola P.SRajapakar Dist- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 1850 of 2025 Arising Out of PS. Case No.-402 Year-2024 Thana- RAJAPAKAR District- Vaishali ====================================================== 1.
Minta @ Minta Devi W/O Sahdan Singh R/O Village - Daudnagar Chakgadho, P.S.- Bidupur, District- Vaishali 2.
Sahdan Singh S/O Late Mahendra Singh R/O Village - Daudnagar Chakgadho, P.S.- Bidupur, District- Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 2102 of 2025 Arising Out of PS. Case No.-402 Year-2024 Thana- RAJAPAKAR District- Vaishali ====================================================== Sanju Devi W/o- Brajesh Singh @ Viresh Singh R/o - Daudnagar Chakgadho, P.S - Bidupur, District - Vaishali, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 4158 of 2025 Arising Out of PS. Case No.-402 Year-2024 Thana- RAJAPAKAR District- Vaishali ====================================================== 1.
Reena Devi @ Pinki Devi W/O- Ghanshyam Kumar Resident of VillBaranti, P.S. - Rajapakar ( Baranti O.P.) District - Vaishali 2.
Ghanshyam Kumar Son of Late Ram Prit Sah Resident of Vill- Baranti, P.S.
2/5 - Rajapakar ( Baranti O.P.) District - Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 1177 of 2025) For the Petitioner/s :
Mr. Anuj Kumar, Advocate For the Opposite Party/s :
Mr. Aditya Narayan Singh.1, APP (In CRIMINAL MISCELLANEOUS No. 1850 of 2025) For the Petitioner/s :
Mr. Priyanka Singh, Advocate For the Opposite Party/s :
Mr. Mohammad Sufyan, APP (In CRIMINAL MISCELLANEOUS No. 2102 of 2025) For the Petitioner/s :
Mr. Ashok Kumar, Advocate Mr. Ajay Kumar, Advocate For the Opposite Party/s :
Mr. Rita Verma, APP (In CRIMINAL MISCELLANEOUS No. 4158 of 2025) For the Petitioner/s :
Mr. Rajesh Kumar, Advocate For the Opposite Party/s :
Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 08-05-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are in custody in a case registered for the offence punishable under Sections 97, 143(5) and 3(5) of the BNS and Sections 75, 80, 81 and 84 of the J.J. Act.
3. As per prosecution story is that on 22-10-2024 when the informant was sitting at her office and doing work then one Rina Devi came and gave written application and stated that her husband, Ghanshyam Kumar taken to 80,000/- friendly loan to Vikash Kumar and returned 60,000/- and demanded time for one month for return 20,000/- but Vikash Rai
3/5 has not given time and on 16-09-2024 Birendra Ray and Vikash Rai came at his door and took away her both sons Lav @ Saurav and Kush Sarthan and threatened to repay the loan money, thereafter the informant along with police proceeded for enquiry the matter and arrested Birendra Rai and on enquiry about the both sons of Rina @ Pinki then who disclosed that Rina Devi @ Pinki and her sons Ghanshyam Kumar some months before came to sold her child and contacted Minta Devi, Sanju Devi and Sahdan Singh and they are in August 2023 one elder sons was sold to Vikash Rai at the house of Mina Devi, Manju Devi and Sahdan Singh in Rs. 80,000/- by Reena Devi @ Nikki Devi and her husband Ghanshyam Singh and both husband and wife sold that second son worth Rs.
One lakh to Vikash Rai, thereafter the informant enquired the matter with Ghanshyam Kumar and on check her mobile video and other evidences of selling of child was found in deleted file, thereafter on further inquiry they admitted that they sold her son to Vikash Rai, after taken money, then the informant contacted with Vikash Kumar and called from P.S. then the said Vikash Rai along with the both minor children came at P.S., thereafter the informant taken Vikash Rai and lodged the case against all persons involved in sell purchase of child.
4/5
4. Learned counsel for the petitioners have submitted that petitioners have falsely been implicated in this case. He next submits that from perusal of the FIR, it appears that no such allegation for sale and purchase of child is made out against the petitioners and the petitioners are never involved in sale and purchase of the informant's child and the statement of the Rina Devi and her husband Ghanshyam Kumar that no one kidnapped or abducted and trafficking their minor children and the entire case is creation of mind of the informant at the instance of petitioners enemies as stated in para 12 of the petition in Cr. Misc. No. 2102 of 2025. Petitioners have got clean antecedent as stated in para-3 of the petition and they are in custody since 13.12.2024, 24.10.2024, 24.10.2024 and 24.10.2024 respectively.
5.
Learned APP appearing for the State opposes the prayer for bail of the petitioners.
6.
In view of the aforesaid facts and circumstances of the case and the submissions of the learned counsel for the petitioners, let the petitioners, above named, be directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Vaishali
5/5 at Hajipur in connection with Rajapakar (Baranti) P.S. Case No. 402 of 2024.
(Ramesh Chand Malviya, J) Brajesh Kumar/- U