Ganpati Sah @ Ganpat Sah @ Ganpat Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1766 of 2025 Arising Out of PS. Case No.-358 Year-2024 Thana- NAANPUR District- Sitamarhi ====================================================== Vikki Kumar Son of Pachhu Sah Resident of Vill and P.O.- Lakhanpur, P.S.- Katra, District- Muzaffarpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Kishan Devi W/o- Mahesh Sah Resident of Vill.- Bhetua ward no.5, P.S.- Nanpur, District- Sitamarhi ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 3140 of 2025 Arising Out of PS. Case No.-358 Year-2024 Thana- NAANPUR District- Sitamarhi ====================================================== Ganpati Sah @ Ganpat Sah @ Ganpat Kumar Son of Bhullar Sah villageBhetua, Ps- Nanpur, Dist- Sitamarhi ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 1766 of 2025) For the Petitioner/s :
Mr. Dwij Raj, Advocate For the Opposite Party/s :
Mr. Sanjay Kumar, APP (In CRIMINAL MISCELLANEOUS No. 3140 of 2025) For the Petitioner/s :
Mr. Mithilesh Kumar Upadhyay, Advocate For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 15-04-2025
1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for grant of regular bail in connection with Naanpur P.S. Case no. 358 of 2024 registered under sections 363, 365, 366 and 366A of the Indian Penal Code.
Patna High Court CR. MISC. No.1766 of 2025(4) dt.15-04-2025 2/3
3. As per the prosecution case, the informant states that his 17 year old minor daughter was kidnapped by the petitioner Vikki Kumar. The other eight named accused persons including the petitioner Ganpati Sah who were on tempo assisted in the kidnapping. This occurrence had taken place on 20.6.2024, however, FIR was not registered. It is further stated that on 9.7.2024 at about 10 pm, once again the informant's daughter was taken away.
4. It is submitted by learned counsel for the petitionerVikki Kumar that this petitioner has been falsely implicated in the case because of his having an affair with the daughter of the informant and she went with the petitioner out of her own volition. With respect to the statement under section 164 Cr.P.C. it is submitted that the same has been given under the coercion of the parents, however, she has stated therein that no one misbehaved with her. The petitioner is in custody since 26.10.2024 and has no criminal antecedent.
5. Learned counsel for the petitioner Ganpati Sah submits that this petitioner is innocent and has been falsely implicated in the case because of his being related to coaccused Vikki Kumar. The petitioner is in custody since 1.10.2024 and has no criminal antecedent.
Patna High Court CR. MISC. No.1766 of 2025(4) dt.15-04-2025 3/3
6. Heard learned A.P.P. for the State.
7. Having heard learned counsel for the parties and taking into consideration the allegations in the F.I.R., the contents of the statement of the daughter of the informant under section 164 Cr.P.C., her age having been described as 17 years therein, the statement therein that she was not misbehaved with together with the petitioners having remained in custody since 26.10.2024 and 1.10.2024 respectively and chargesheet having been submitted in the case, the Court directs both the petitioners to be enlarged on bail in connection with Naanpur P.S. Case no. 358 of 2024 on each of them furnishing bail bond of Rs.10,000/ (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI-cum-Special Judge(POCSO Act), Sitamarhi.
(Partha Sarthy, J) Bibhash/- U T