Jiyalal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.9286 of 2025 Arising Out of PS. Case No.-376 Year-2023 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1.

Jiyalal Sah Son of Sitaram Bhar @ Sitaram Rajbhar Resident of Village - Hussepur, Dobandha, Police Station - Sahebganj, District - Muzaffarpur. 2.

Ajit Kumar @ Bigan Sah Son of Harendra Rajbhar Resident of Village - Hussepur, Dobandha, Police Station - Sahebganj, District - Muzaffarpur. ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Shekhar For the Opposite Party/s :

Mr.Pradeep Narain Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 02-07-2025 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363, 366A and 34 of the Indian Penal Code.

3.

Learned counsel for the petitioners submits petitioners have been falsely implicated in the instant case by the informant for the reason that they are father and uncle of Dipu Kumar with whom daughter of the informant was having love affair and they eloped, but then a false case came to be instituted by the informant alleging that 11 accused persons including the petitioners have kidnapped her daughter. It is

Patna High Court CR. MISC. No.9286 of 2025(4) dt.02-07-2025 2/3 further submitted that the occurrence is alleged to have taken place on 17-8-2023 and the FIR came to be instituted on 1-92023, i.e., after a delay of more than 14 days. It is also submitted that since daughter of the informant had eloped with the son of the petitioner No. 1, as such the entire family members came to be implicated. It is next submitted that it absolutely does not stand to reason that as to why after a delay of 14 days, the FIR was instituted. It is further submitted that the victim has returned and her statement was recorded under Section 164 Cr.P.C, wherein she has supported the case of the prosecution and has also tried to implicate the petitioners, but then her statement was recorded under parental pressure. 4.

Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

5.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with

Patna High Court CR. MISC. No.9286 of 2025(4) dt.02-07-2025 3/3 Sahebganj P.S. Case No. 376 of 2023, subject to the conditions as laid down under Section 482 (2) of the BNSS. (Satyavrat Verma, J) Sumit/- U T