Sahana Bibi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16266 of 2025 Arising Out of PS. Case No.-382 Year-2024 Thana- RAMGARH District- Kaimur (Bhabua) ====================================================== Sahana Bibi W/O Sahadat Ansari Resident of Matiyari, P.S.- Ramgarh, Dist.- Kaimur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pawan Kumar Singh, Adv.

For the Opposite Party/s :

Mr.Pawan Kumar Chaurasia, APP For the Informant :

Mr. Sanchay Srivastava, Adv.

Mr. Sushant Srivastava, Adv.

Mr. Ashish Kumar Palit, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE ARVIND SINGH CHANDEL ORAL ORDER 15-05-2025 Heard learned counsel for the petitioner, counsel for the informant as well as the counsel appearing for the respondent-State.

2. This is the first regular bail application submitted by the petitioner who has been arrested in connection with Ramgrah P.S. Case No. 382 of 2024 dated 23.10.2024 for the alleged offences punishable under Section 64(i), 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. In this case the age of the victim girl is 18 years as contained in the information given by her. It is alleged that on 17.10.2024 the husband of the present applicant committed forcible sexual intercourse with the victim girl and subsequently

Patna High Court CR. MISC. No.16266 of 2025(3) dt.15-05-2025 2/3 on 21.10.2024 also committed forcible sexual intercourse with the victim girl with the help of the present applicant. On the basis of the information given by the victim girl offences has been registered.

4. It is submitted by the counsel for the petitioner that the petitioner herein is innocent and is falsely implicated in this case. He further submits that in her statement recorded under Section 183 of the B.N.S.S. the victim girl does not stated anything against the present applicant. The main allegation of rape is against the husband of the present applicant. Therefore, on these grounds, it is prayed that she may be granted benefit of regular bail.

5. Learned counsel appearing on behalf of respondentState as well as counsel for the informant opposes the prayer of bail.

6. Considering the submission made by the counsels and particularly considering the statement of the victim girl recorded under Section 183 of B.N.S.S., I am of the view that the present applicant should be granted the benefit of bail. Accordingly, the petition is allowed. The petitioner is directed to be released on bail in connection with Ramgrah P.S. Case No. 382 of 2024 on furnishing bail bond of Rs. 10,000/- (Rupees

Patna High Court CR. MISC. No.16266 of 2025(3) dt.15-05-2025 3/3 Ten Thousand) with two sureties, to the like amount each to the satisfaction of the learned A.C.J.M-II, Mohania, Kaimur at Bhabhua.

(Arvind Singh Chandel , J) Siddharth Soni/- U T