Sipahi Pandit @ Sipahi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.15301 of 2025 Arising Out of PS. Case No.-239 Year-2024 Thana- SATHI District- West Champaran ====================================================== Sipahi Pandit @ Sipahi Kumar Son of Inarmani Pandit @ Indramani Pandit Resident of Village- Satwaria, P.S.- Sathi, Distt.- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

X Son of Late Subhan Miya Resident of Village- Satwaria, P.S.- Sathi, Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s :

Mr. Ram Bilash Roy Raman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 03-09-2025 Heard Mr. Bimlesh Kumar Pandey, learned counsel appearing on behalf of the petitioner and Mr. Ram Bilash Roy Raman, learned APP for the State.

2. The petitioner seeks pre-arrest bail in connection with Sathi P.S. Case No. 239 of 2024 registered for the offence(s) punishable under Sections 137(2) and 87 of the BNS and Section 8 of POCSO Act.

3. As per the allegation made in the FIR, the petitioner along with other co-accused kidnapped the 18 years old daughter of the informant on a motorcycle with an intention to marry her.

4. Learned counsel appearing on behalf of petitioner

Patna High Court CR. MISC. No.15301 of 2025(4) dt.03-09-2025 2/3 submitted that the petitioner is innocent and he has falsely been implicated in the present case. The informant's daughter has returned and in her statement, which has been recorded under Section 183 of the BNSS, she has not supported the case of kidnapping. The petitioner has clean antecedent. On these grounds the petitioner seeks to be released on pre-arrest bail.

5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

6. Considering the rival submissions made on behalf of the parties, as well as, the fact that the informant's daughter in her statement recorded under Section 183 of the BNSS has not supported the case of kidnapping, the petitioner is having clean antecedent, I am of the opinion that the petitioner has, prima facie, made out a case to be released on anticipatory bail.

7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of his arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each, to the satisfaction of learned Additional District and Sessions Judge - 7 -cum- Special Judge, POCSO, Bettiah, West Champaran/successor Court in connection with Sathi P.S. Case

Patna High Court CR. MISC. No.15301 of 2025(4) dt.03-09-2025 3/3 No. 239 of 2024, subject to the condition as laid down under Section 482 of the BNSS.

8. The learned District Court is directed to verify the criminal antecedent of the petitioner, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioner, as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Ashishsingh/- U T