Badal Singh @ Badla Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.16914 of 2025 Arising Out of PS. Case No.-280 Year-2024 Thana- MANJHI District- Saran ====================================================== Badal Singh @ Badla Singh S/O Mithlesh Singh R/O Village- Dumaigarh, P.S- Manjhi, Distt.- Saran.

... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Deepnarayan Bind Son of late Ramdev Bind R/o- Dumaigarh PS Manjhi Dist- Saran at Chapra ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Chandra Mohan Jha, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-07-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.

2.

The petitioner seeks bail in connection with Manjhi P.S. Case No. 280 of 2024 instituted for the offence under Sections 137(2), 96 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

Prosecution case in short is that accused Manohar Bind kidnapped minor daughter of his brother-in-law. It is further alleged that accused namely Sunil Bind and Badal Bind (petitioner) helped accused person in kidnapping the minor girl. 4.

It has been submitted on behalf of the petitioner that the petitioner is in custody since 11-11-2024. Petitioner

Patna High Court CR. MISC. No.16914 of 2025(5) dt.02-07-2025 2/3 bears no criminal antecedents, as per disclosure made in paragraph No. 3 of the bail application.

5.

It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. Learned counsel for the petitioner submits that victim in her statement recorded under Section 183 of the BNSS, 2023, has stated that she has performed marriage with the petitioner and she had established sexual intercourse with the petitioner. Medical report suggests that victim is minor and there is no evidence of recent sexual intercourse.

6.

Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that victim herself has stated in her statement recorded under Section 183 of the BNSS, 2023 that she was subjected to sexual intercourse and since, she is minor that will amount to rape. Police after completion of investigation has submitted charge sheet in this case under Section 137(2)/96 of the Bharatiya Nyaya Sanhita, 2023.

7.

Considering the aforesaid facts and circumstances of the case, there being direct allegation against the petitioner and pertinently, victim is minor, this Court is not inclined to grant bail to the petitioner. Prayer for grant of bail to the

Patna High Court CR. MISC. No.16914 of 2025(5) dt.02-07-2025 3/3 petitioner is, accordingly, rejected, at this stage. 8.

However, petitioner will be at liberty to renew his prayer for bail if the trial is not concluded within a period of six months.

(Rudra Prakash Mishra, J) Raj Kishore/- U T