Sahul Kumar @ Sahul Sapera v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4733 of 2026 Arising Out of PS. Case No.-160 Year-2025 Thana- CHHABILAPUR District- Nalanda ====================================================== Sahul Kumar @ Sahul Sapera S/o Nandu Nat R/o vill - Kharjama, P.S.- Chhabilapur, Distt.- Nalanda ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Md. Shamshad S/o Md. Habib R/o vill - Miyan Bigha, P.O. and P.S.- Chabilapur, Distt.- Nalanda ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Rudal Singh, Advocate For the Opposite Party/s :

Mr. Dilip Kumar No. 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 31-03-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under sections 137(2) and 140(3) of BNS.

3. The case of the prosecution is that the daughter of the informant was missing. She was also having a mobile. In this case, the victim was recovered and she has given her statement under Section 183 of BNSS wherein she has stated that her parents were marrying with a boy whom she did not like. She has further stated that on 04.10.2025, on pretext of going to college, she went to Rajgir from there, she went to

Patna High Court CR. MISC. No.4733 of 2026(3) dt.31-03-2026 2/3 Patna by bus from Patna, she went to Jaipur and from there, she went to Delhi. She started giving tuition to the boys. She has further stated that she likes the petitioner. She disclosed the petitioner that she wants to marry with him and she is in Delhi. After this, the petitioner told the victim that a case has been filed.

4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Learned counsel for the petitioner has submitted that from perusal of the statement of the victim under Section 183 of BNSS, it is clear that she has not alleged any overt act against the petitioner and it is also clear from the para-63 of the diary that victim has denied her medical examination. Learned counsel has submitted that there is no any allegation against the petitioner rather the victim herself has gone out of her house. A statement has been made in para-3 of this petition that the petitioner has got no criminal antecedent. Moreover, he is languishing in judicial custody since 24.11.2025.

5. Learned APP appearing for the State has vehemently opposed the prayer of regular bail and has submitted that the victim is minor.

6. Having heard learned counsel for the parties and

Patna High Court CR. MISC. No.4733 of 2026(3) dt.31-03-2026 3/3 considering the facts and circumstances of the case, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Chhabilapur P.S. Case No. 160 of 2025 on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate 1st Class, Nalanda at Biharsharif.

(Ashok Kumar Pandey, J) shubham/- U T