Gandhi Singh @ Sikander Singh @ Sikander Kumar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8860 of 2025 Arising Out of PS. Case No.-362 Year-2023 Thana- DAUDPUR District- Saran ====================================================== Gandhi Singh @ Sikander Kumar Singh @ Sikander Singh S/o Parshuram Singh @ Pashuram Singh Resident of Village- Siswa Khurd, P.S.- Daudpur, District- Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ajay Kumar Sharma, Advocate For the Opposite Party/s :
Mr. Navin Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 07-03-2025 Heard learned counsel appearing on behalf of the petitioner and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioner is named in F.I.R. and apprehending his arrest in connection with Daudpur P.S. Case No. 362 of 2023, registered for the offences punishable under Sections 147, 341, 323, 354(b), 504 and 506 of the Indian Penal Code.
3.The allegation against the petitioner is to confine unlawfully the daughter of the informant in a room belongs to one Rajnath Singh with bad intention and also to outrage modesty the wife of the informant during course of
Patna High Court CR. MISC. No.8860 of 2025(2) dt.07-03-2025 2/3 occurrence, when the aforesaid occurrence of unlawful confinement was reported by informant and his wife.
4. Learned counsel appearing on behalf of the petitioner submitted that statement of victim/daughter of the informant was recorded under Section 164 of Cr.P.C., where she raised specific allegation only against co-accused Ayran as to close her in a room of one Raj Nath Singh with bad intention. Petitioner was not named in her statement recorded under Section 164 of the Cr.P.C. It is pointed out that petitioner found involved in one more criminal case of different nature, where he is on bail.
5. Learned APP opposes the prayer of bail.
6. Considering the aforesaid facts and circumstances and by taking note of statement of victim as recorded under Section 164 of Cr.P.C., where no incriminating statement prima facie available against this petitioner, thus by negating allegation as raised by informant through FIR, accordingly, above named petitioner, in the event of his arrest or surrender before the learned trial Court, within a period of four weeks of the order, is directed to be
Patna High Court CR. MISC. No.8860 of 2025(2) dt.07-03-2025 3/3 released on bail furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Additional Session Judge (POCSO), Saran at Chapra/concerned Court, where the case is pending in connection with Daudpur P.S. Case No. 362 of 2023, subject to the conditions as laid down under Section 438(2) of the Cr.P.C./482(2) of the BNSS. (Chandra Shekhar Jha, J) veena/- U T