Hareram Sah @ Hareram Prasad v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.14037 of 2025 Arising Out of PS. Case No.-23 Year-2024 Thana- BHORE District- Gopalganj ====================================================== Hareram Sah @ Hareram Prasad, Son of Fulena Sah, Resident of Kalyanpur, P.S. - Bhore, District - Gopalganj ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Upendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 28-02-2025 Heard Mr. Ashok Kumar Singh, learned counsel for the petitioner and Mr. Upendra Kumar, learned APP for the State.

2. The instant application for anticipatory bail has been filed by the petitioner apprehending his arrest in connection with Bhore P.S. Case No. 23 of 2024 instituted for the offence under Sections 363 and 366A of the IPC.

3. The case of the prosecution is that the minor daughter of the informant namely, Rubi Kumari was apprehended by Dhiraj Kumar Sah and Biru Kumar Sah for purpose of marriage.

4. Learned counsel for the petitioner has submitted that during course of investigation the victim was recovered and she has given her statement under Section 164 Cr.P.C. From perusal of the FIR it is clear that the name of this petitioner is not in the FIR. In her statement under Section 164 Cr.P.C. the victim has stated that Dhiraj, Biru, Baliram and Hareram (petitioner) put cloth from

Patna High Court CR. MISC. No.14037 of 2025(2) dt.28-02-2025 2/2 behind on her and took her away. From perusal of the statement it is clear that the main thrust of allegation is against Dhiraj and Biru who have committed rape with the victim. The role of this petitioner is that he was also there while kidnapping the victim.

5. In contra, learned APP appearing for the State has opposed the prayer of bail of the petitioner.

6. Having heard learned counsel for the parties and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioner on bail. The petitioner is directed to surrender in the Court below within a period of four weeks from today and in the event of his arrest or surrender in connection with Bhore P.S. Case no. 23 of 2024, he will be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Gopalganj subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

7. Accordingly, the present bail application stands allowed.

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