Komal Kumari @ Sakshi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8451 of 2025 Arising Out of PS. Case No.-126 Year-2024 Thana- BHAGWAN BAZAR District- Saran ====================================================== 1.
Komal kumari @ Sakshi D/O- Shyam prasad Resident of Vill- Takkar More Gudri Bazar, Ward No. 9, P.S.- Bhagwan Bazar, District- Saran 2.
Shyam Prasad Son of Devki Prasad Resident of Vill- Takkar More Gudri Bazar, Ward No. 9, P.S.- Bhagwan Bazar, District- Saran 3.
Golu @ Golu Kumar Son of Shyam Prasad Resident of Vill- Takkar More Gudri Bazar, Ward No. 9, P.S.- Bhagwan Bazar, District- Saran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Munish Om Prakash Singh, Adv For the Opposite Party/s :
Mr. Dinesh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-03-2025 Heard learned counsel appearing on behalf of the petitioners and learned Additional Public Prosecutor appearing on behalf of the State.
2. The accused/petitioners are named in the F.I.R. and apprehended their arrest in connection with Bhagwan Bazar P.S. Case No. 126 of 2024 registered for the offences punishable under Section 366(A)/34 of the Indian Penal Code.
3. The allegation against the petitioners is to help accused Sahil Kumar who is son of Petitioner No. 2 and
Patna High Court CR. MISC. No.8451 of 2025(2) dt.06-03-2025 2/3 brother of Petitioner No. 2 & Petitioner No. 3, who alleged to kidnap the minor daughter of informant so as to commit illicit intercourse/marriage with another person.
4. Learned counsel appearing on behalf of the petitioners submitted that petitioners being family members of main co-accused Sahil Kumar were implicated with the present case falsely. It is pointed out that victim after recovery did not make any statement qua involvement of these petitioners. It is submitted that victim being aware of the fact that main co-accused Sahil Kumar who is father of two children, solemnized marriage with him. While concluding the argument it is submitted that petitioners are of clean antecedent.
5. Learned APP appearing on behalf of the State, opposes the prayer for anticipatory bail.
6. In view of aforesaid facts and circumstances and by taking note of the fact as implication of petitioners with the present case appears prima-facie only being brother, father and sister of main co-accused Sahil Kumar, who alleged to kidnap the minor daughter of informant, accordingly all above
Patna High Court CR. MISC. No.8451 of 2025(2) dt.06-03-2025 3/3 named petitioners, in the event of their arrest or surrender before the learned trial court within a period of four weeks, are directed to be released on bail, furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. 1st Saran at Chapra/concerned trial Court where the case is pending in connection with Akbarpur P.S. Case No. 450 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) BNSS. subject to the conditions as laid down under Section 438(2) of the Cr.P.C./Section 482(2) BNSS.
(Chandra Shekhar Jha, J.) S.Tripathi/- U T