Virichand Sah @ Virichan Saah v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4032 of 2026 Arising Out of PS. Case No.-228 Year-2023 Thana- PATAHI District- East Champaran ====================================================== 1.
Virichand Sah @ Virichan Saah S/O Gudari Sah Resident of Vill- Jihuli, P.S.- Patahi, Dist- East Champaran 2.
Pinku Devi @ Pinki Devi W/O Lachhu Sah @ Chhotu Sah Resident of VillJihuli, P.S.- Patahi, Dist- East Champaran 3.
Bhola Sah @ Dilip Sah S/O Virichand Sah Resident of Vill- Jihuli, P.S.- Patahi, Dist- East Champaran ... ... Petitioner/s
Versus
1.
The State of Bihar Bihar 2.
Mr. X S/O Y R/O Village- Padumker, P.S- Patahi, Distt.- East Champaran. ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjeev Kumar, Advocate For the Opposite Party/s :
Mr. Tapeshwar Sharma, APP For OP 2 :
Mr. Shashi Sharma, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-05-2026 Heard learned counsel for the petitioners and the State and opposite party No. 2.
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 363/366A/34, I.P.C. and section 8 POCSO Act.
3 . It is alleged that this petitioner along with other coaccused persons kidnapped minor daughter of informant for the purpose of marriage.
4. It is submitted on behalf of the petitioners that
Patna High Court CR. MISC. No.4032 of 2026(4) dt.12-05-2026 2/3 petitioners are innocent and have falsely been implicated in this case because they happen to be family members of co-accused Vicky Gupta against whom there is specific accusation of kidnapping the victim. During investigation, victim was recovered and her statement under Section 164 of Cr.P.C. was recorded in which she has categorically stated that she on her own volition left her house and had gone with co-accused Vicky Gupta and solemnized marriage with him. Moreover, coaccused Vicky Gupta has already been granted bail by this Hon'ble Court vide order dated 07.04.2026 in Cr. Misc. No. 19864 of 2026 . Petitioners claim clean antecedent. 5 . Learned counsel for the State as well as opposite party No. 2 opposed the bail petition .
6 Considering the nature of injury , clean antecedent of these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 7th Additional Sessions Judge -cum-Special Judge, POCSO Act, Motihari, East Champaran in connection with Patahi P.S. Case No. 228 of 2023 , subject to the conditions laid down under
Patna High Court CR. MISC. No.4032 of 2026(4) dt.12-05-2026 3/3 section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J) Koushik/- U T