Sahabun Nesha v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38621 of 2025 Arising Out of PS. Case No.-3 Year-2025 Thana- RAMNAGAR District- West Champaran ====================================================== 1.
Sahabun Nesha W/o Iliyas Ansari @ Ilihas Miyan R/o Village- Babhani Diuliya, Police Station- Ram Nagar, District- West Champaran 2.
Nabihasan Ansari S/o Late Shamsul Miyan R/o Village- Babhani Diuliya, Police Station- Ram Nagar, District- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kr Singh No. 1, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 23-06-2025 Heard Mr. Vijay Kr. Singh No. 1, learned counsel for the petitioners and Mr. Anil Kumar, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Ram Nagar P.S. Case No. 3 of 2025, F.I.R. dated 02.01.2025 for the offences punishable under Sections 137(2), 96 and 3(5) of the B.N.S., 2023.
3. According to prosecution case, the informant's daughter went to her school to take away a document but did not return home for several days. It is came to know that from the viral video on facebook, one person, namely, Sameer Ansari was forcing her to agree to marry.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.38621 of 2025(2) dt.23-06-2025 2/3 petitioners have clean antecedent and they have falsely been implicated in the present case merely on the ground that the petitioners are close relative of the co-accused, namely, Sameer Ansari and the petitioners have no concerned with the alleged occurrence and the similarly situated co-accused persons including the parents of the main accused Samir Ansari have been granted anticipatory bail vide order dated 01.05.2025 in Cr. Misc. No. 23062 of 2025 and the case of the petitioners are on similar footing.
5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitiones.
6. Considering the aforesaid facts, the petitioners have clean antecedent and the petitioners are close relative of the co-accused person, the similar situated co-accused persons have been granted anticipatory bail, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released 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 the learned S.D.J.M., Bagaha, West Champaran in connection with Ram Nagar P.S. Case No. 3 of 2025, subject to the conditions as laid down under Section
Patna High Court CR. MISC. No.38621 of 2025(2) dt.23-06-2025 3/3 438(2) of the Code of Criminal Procedure/482(2) of the B.N.S.S., 2023 and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tamper with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Jyoti Kumari/- U T