Badal Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48514 of 2025 Arising Out of PS. Case No.-233 Year-2024 Thana- BELA District- Sitamarhi ====================================================== Badal Sah Son of Rajeshwar Sah Resident of Village - Bela Machhpakauni, P.S.- Bela, District - Sitamarhi.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjit Kumar Thakur, Advocate For the Opposite Party/s :

Dr. (Mr.) Kumar Uday Pratap, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-08-2025

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The defects, as pointed out by the office, are hereby ignored.

3. The petitioner apprehends his arrest in a case registered for the offences punishable under Section 143 of the BNS, Sections 75 and 79 of the J.J. Act, 2015 as well as Sections 3, 3(a) and 14 of the Prohibition of Child Adolescent and Labour Act.

4. Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and the informant alleges that petitioner runs an orchestra from where a minor aged about 14 years was recovered who disclosed that her parents reside separately and Rakesh Mandal had brought her and handed her over to the petitioner where she dances in the

Patna High Court CR. MISC. No.48514 of 2025(2) dt.27-08-2025 2/2 orchestra and gets a remuneration of Rs.3,000/- per month.

5. Learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that even the victim has not supported the case of the prosecution nor she alleges anything adverse against the petitioner.

6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner and submits that even presuming what has been alleged in the FIR to be true in that event also the victim is a minor aged about 14 years and it appears that petitioner, who runs an orchestra, employs minor and the investigation of the case is in its nascent stages.

7. Considering the submissions made by the learned A.P.P. for the State, the Court is not inclined to extend the privilege of anticipatory bail to the petitioner in connection with Bela P.S. Case No. 233 of 2024 pending in the Court of learned Sub-Divisional Judicial Magistrate Sadar, Sitamarhi/Successor Court.

8. Hence, the prayer for anticipatory bail is rejected. (Satyavrat Verma, J) Kundan/- U T