Sri Niwash Pal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20128 of 2025 Arising Out of PS. Case No.-31 Year-2008 Thana- SIKRAUL District- Buxar ====================================================== 1.

UMAKANT CHOUDHARY @ UMAKANT SINGH S/O LATE BIHARI CHAUDHARY R/O VILL.- KARAILA (KARELA), P.S.- DHANSOIN, DIST.- BUXAR.

2.

SHIDHNATH CHOUHAN @ SHIVNATH CHOUDHARY S/O BHAGIRATHI CHOUDHARY R/O VILL.- KHARAHARA PIDIYA, P.S.- DHANSOIN, DIST.- BUXAR.

3.

DILDAR CHOUDHARY S/O SHRI CHOUDHARY R/O VILL.- BARADHI, P.S.- SIKRAUL, DIST.- BUXAR.

4.

JAIRAM CHOUHAN S/O SURESH CHOUHAN @ RAM SURESH CHOUHAN R/O VILL.- UCHAKA GAON, P.S.- KHIRI, DIST.- ALLAHABAD, U.P.

... ... Petitioner/s

Versus

THE STATE OF BIHAR PATNA ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 20436 of 2025 Arising Out of PS. Case No.-31 Year-2008 Thana- SIKRAUL District- Buxar ====================================================== Sri Niwash Pal Son of Shivbidhi Pal Resident of Village - Thakurpura, P.S.- Sikraul, District - Buxar.

... ... Petitioner/s

Versus

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

(In CRIMINAL MISCELLANEOUS No. 20128 of 2025) For the Petitioner/s :

Mr.Ravi Shankar Pathak For the Opposite Party/s :

Mr.Navin Kumar Pandey (In CRIMINAL MISCELLANEOUS No. 20436 of 2025) For the Petitioner/s :

Mr.Arun Kumar Gupta For the Opposite Party/s :

Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH ORAL ORDER 02-05-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners have preferred this application for grant of regular bail in connection with Sikraul P.S. Case No. 31

Patna High Court CR. MISC. No.20128 of 2025(3) dt.02-05-2025 2/3 of 2008 dated 22.11.2008 registered for the offences punishable under sections 366A, 120B of the Indian Penal Code.

3. As per the prosecution case, the daughter of the complainant had some mental problem, at the instance of one person, the complainant approached to the petitioner no.1 (Umakant Choudhary) for exorcism and during the course of treatment, the petitioner no.1 kidnapped his daughter and also took away her jewellery with the help of other accused persons. The complainant also had suspicion that the petitioner no.1 has committed murder of his daughter with the help of other accused persons.

4. Learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this case. It is further submitted that the alleged occurrence took place on 29.03.2007 but the instant complaint was filed on 15.11.2008 i.e. more than seven months later. There is love affair between the victim and the petitioner no.1. Nothing has been recovered from the possession of the petitioners. The petitioners have no concern with the alleged offence. The petitioners have clean antecedent as stated in para 3 of the bail petition. The petitioner nos. 1 to 3 are in custody since 31.01.2025, the petitioner no.4 is in custody since

Patna High Court CR. MISC. No.20128 of 2025(3) dt.02-05-2025 3/3 12.02.2025 and the petitioner (Sri Niwash Pal) is in custody since 28.02.2025.

5. Learned A.P.P. for the State has opposed the bail petition of the petitioners.

6. Considering the aforesaid facts and circumstances of the case as well as the period of custody, the petitioners above-named, are directed to be enlarged on bail on furnishing bail-bond of Rs.20,000/- (Rupees Twenty Thousand) each with two sureties of the like amount each to the satisfaction of learned Court concerned, Buxar, in connection with Sikraul P.S. Case No. 31 of 2008, with following conditions:- (i) That the he petitioners are directed to remain physically present before the learned Court below on each and every date, failing which on two consecutive dates without reasonable cause, the bail bond of the petitioners will liable to be canceled.

(ii) The petitioners are directed to co-operate the trial before the learned court below.

7. The application stands allowed.

(Chandra Prakash Singh, J) shivam/- U T