Nageshwar Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41964 of 2025 Arising Out of PS. Case No.-179 Year-2024 Thana- RAMGARHWA District- East Champaran ====================================================== 1.

Nageshwar Sah Son of Shankar Sah Ressident of Vill- Murala, P.S.- Ramgharwa, Distt.- East Champaran 2.

Shankar Sah Son of Late Badari Sah Ressident of Vill- Murala, P.S.- Ramgharwa, Distt.- East Champaran 3.

Kishnawati Devi Wife of Shankar Sah Ressident of Vill- Murala, P.S.- Ramgharwa, Distt.- East Champaran 4.

Bhulawan Sah @ Bhulawan Kumar Son of Shankar Sah Ressident of VillMurala, P.S.- Ramgharwa, Distt.- East Champaran ... ... Petitioners

Versus

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

For the Petitioners :

Mr.Prateek Tandon, Advocate For the Opposite Party :

Mr.Nand Kishore Prasad, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 24-09-2025 Heard learned counsel for the parties.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 137(2), 87 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, co-accused Sugrim Kumar with help of these petitioners kidnapped minor daughter of informant for the purpose of marriage.

4. It is submitted on behalf of the petitioners that the victim, in her statement recorded under section 183 Bharatiya Nagarik Suraksha Sanhita, 2023 denied the factum of kidnapping and stated that she went to Delhi and performed

Patna High Court CR. MISC. No.41964 of 2025(4) dt.24-09-2025 2/2 marriage with co-accused Sugrim Kumar in Delhi out of her free will. Court has assessed her age as 20 years. Petitioners are relative of said co-accused Sugrim Kumar and no overt act has been alleged against them. Petitioners claim clean antecedent.

5. Learned counsel for the State opposes the prayer for pre-arrest bail.

6. Considering the aforesaid statement of the victim, prayer for bail of all these petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Sub Divisional Judicial Magistrate, Raxaul, East Champaran in Ramgharwa Police Station Case No. 179 of 2024, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) Shashi U T