Mohan Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42956 of 2025 Arising Out of PS. Case No.-45 Year-2025 Thana- INARWA District- West Champaran ====================================================== 1.

Mohan Sah Son of Jaglal Sah R/o Vill - Inarwa , P.S - Inarwa, Distt.-West Champaran 2.

Ranglal Sah Son of Shivji Sah R/o Vill - Inarwa , P.S - Inarwa, Distt.-West Champaran 3.

Hira Lal Sah Son of Shivji Sah R/o Vill - Inarwa , P.S - Inarwa, Distt.-West Champaran 4.

Shivji Sah Son of Kari Sah R/o Vill - Inarwa , P.S - Inarwa, Distt.-West Champaran 5.

Nitesh Kumar @ Gupta Sah Son of Mohan Sah R/o Vill - Inarwa , P.S - Inarwa, Distt.-West Champaran 6.

Sachin Kumar @ Ritesh Kumar Son of Ranglal Sah R/o Vill - Inarwa , P.S - Inarwa, Distt.-West Champaran 7.

Rahul Kumar Son of Ranglal Sah R/o Vill - Inarwa , P.S - Inarwa, Distt.- West Champaran ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Malti Devi Wife of Makhan Padit R/o Vill - Inarwa , P.S - Inarwa, Distt.- West Champaran ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Shashank Chandra For the Opposite Party/s :

Ms.Pushpa Sinha Mr. Amit Kumar Pandey, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 16-07-2025 1.

Heard learned counsel for the petitioners and learned A.P.P. for the State.

2.

The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 115(2), 126(2), 76, 63(d)(vi) of the Bharatiya Nyaya Sanhita and Sections 4 and 6 of the POCSO Act.

Patna High Court CR. MISC. No.42956 of 2025(2) dt.16-07-2025 2/3 3.

Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner No. 4 is a senior citizen aged about 72 years. It is next submitted that petitioners in the instant anticipatory bail application, are family members of Rupesh against whom it is alleged that he entered the house of the informant in her absence and tried to commit rape of the victim and when the victim raised an alarm, the informant along with others came and caught hold of Rupesh, but then his family members came and took him away. 4.

The learned counsel for the petitioners submits that that thrust of the allegation is against Rupesh and since petitioners are family members of Rupesh, they have also been implicated in order to coerce Rupesh into submission without any specific allegations against them.

5.

Learned APP and the learned counsel appearing on behalf of the informant opposes the prayer for anticipatory bail, but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioners that the thrust of the allegation is against Rupesh.

6.

Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court

Patna High Court CR. MISC. No.42956 of 2025(2) dt.16-07-2025 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Inarwa P.S. Case No. 45 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS.

(Satyavrat Verma, J) Sumit/- U T