Prabhat Kumar Singh @ Chhotu Singh @ Chhotu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19081 of 2025 Arising Out of PS. Case No.-91 Year-2024 Thana- SAHARGHAT District- Madhubani ====================================================== Prabhat Kumar Singh @ Chhotu Singh @ Chhotu Son of Manoj Singh @ Manoj Kumar Singh, Resident of Village -Sobrauli PS -Saharghat District -Madhubani ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Uday Narayan Thakur Son of Late Jay Narayan Thakur, Resident of villageKarhua Ghat, PS- Saharghat, Dist-Madhubani ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ravi Prakash, Advocate For the Opposite Party/s :
Mr.Satya Nand Shukla, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-04-2025 Heard Mr. Ravi Prakash, learned counsel appearing on behalf of the petitioner and Mr. Satya Nand Shukla, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Saharghat P.S. Case No. 91 of 2024 registered for the offence(s) punishable under Sections 127(1), 115(2), 96, 137 and 3(5) of B.N.S.
3. As per the allegation made in the FIR, the petitioner has kidnapped the grand-daughter of the informant with an intention to marry her. The age of the victim has been claimed to be 17 years.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.19081 of 2025(2) dt.16-04-2025 2/3 petitioner submitted that petitioner is innocent and has not forced the victim to accompany her to Jankapur rather the victim on her own accompanied the petitioner and thereafter they returned back. The victim was tutored to give false allegation in her statement recorded under Sections 180 and 183 of BNSS. The FIR was lodged on 16.10.2024 and the statement of the victim was recorded on 18.10.2024.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail. He submitted that it has come in the case diary that the victim in her statement recorded under Sections 180 and 183 of BNSS has mentioned that petitioner is the one, who has forced her to sit on his bike and took her to Jankapur and, as such, the petitioner don't deserve to be released on pre-arrest bail.
6. Considering the nature of allegation made in the FIR and the manner in which the petitioner had deceived the victim by forcing her to accompany on his motorcycle, I am not inclined to grant pre-arrest bail to the petitioner.
7. However, the petitioner, if so advised, may surrender before the learned District Court and seek regular bail. In that case, the learned District Court is directed to consider the bail application of the petitioner and pass necessary order
Patna High Court CR. MISC. No.19081 of 2025(2) dt.16-04-2025 3/3 on the basis of evidence collected in course of investigation.
8. With the aforesaid observation/direction, the application stands disposed of.
(Purnendu Singh, J) Sanjay/- U T