Sinu Sah @ Sundaram Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32631 of 2025 Arising Out of PS. Case No.-90 Year-2024 Thana- Madhusudanpur District- Bhagalpur ====================================================== Sinu Sah @ Sundaram Kumar, Son of Late Chunni Sah @ Sharavan Prasd Saha, Resident of Mohalla -Karela Chauck, P.S.- Madhusudanpur, DistBhagalpur ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Pawan Kumar, Son of Late Jay Prakash Singh, Resident of Mohalla - Rampur (Khurd Rajput tola), PS- Madhusudanpur, Dist- Bhagalpur ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Balkrishna Mishra, Advocate For the Opposite Party/s :
Mr. Nand Kishore Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 22-05-2025 Heard Mr. Balkrishna Mishra, learned counsel for the petitioner and Mr. Nand Kishore Prasad, learned APP for the State.
2. The petitioner has prayed for bail in connection with Madhusudanpur P.S. Case No. 90 of 2024 registered for the offence punishable under Sections 366A and 34 of the Indian Penal Code.
3. The case of the prosecution is that the informant's daughter aged about 15 years had gone to Bank with her younger sister on 29.06.2024 and she was missing from there. His younger daughter called him and informed that her elder sister is not in bank. Thereafter, he went to Bank and searched
Patna High Court CR. MISC. No.32631 of 2025(2) dt.22-05-2025 2/3 but she was traceless. It is alleged that the petitioner has kidnapped the minor daughter of the informant.
4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. From perusal of the order of the trial court, it will transpire that the trial court has recorded that the victim who is minor daughter of the informant has been recovered and she in her statement recorded under Section 164 of the Cr.P.C. has stated that "she on her own will left the home". This statement of the victim indicates that the petitioner has not enticed and kidnapped her rather she has gone with him with her own will. It is a case of elopement. A statement has been made in para 3 of the petition that petitioner has no criminal antecedent. Petitioner is languishing in judicial custody since 28.02.2025.
5. The application for bail is opposed by learned APP for the State.
6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
Patna High Court CR. MISC. No.32631 of 2025(2) dt.22-05-2025 3/3 of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Bhagalpur in connection with Madhusudanpur P.S. Case No. 90 of 2024.
(Ashok Kumar Pandey, J) lata/- U T