Shamshad Ali @ Shamshad Hussain v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41201 of 2025 Arising Out of PS. Case No.-380 Year-2024 Thana- MIRGANJ District- Gopalganj ====================================================== Shamshad Ali @ Shamshad Hussain Son of Shamshul Haque @ Shamshad Miyan @ Samasul Hak @ Samshul Miyan Resident of Village- Khairatiya, PS- Mirganj District -Gopalganj ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Rabri Devi W/o Bir Bahadur Singh R/o Village-Ghagharia, P.S-Mirganj, District-Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Dharmveer For the Opposite Party/s :

Mr. Prem Kumar Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER 09-07-2025 Heard the learned counsel for the petitioner and learned APP for the State, Sri Jharkhandi Upadhyay.

2. The petitioner seeks regular bail in connection with Mirganj P.S. Case No. 380 of 2024 registered for the offence under Sections 87/96 of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, the petitioner is accused of kidnapping the victim.

4. Learned counsel for the petitioner submits that the victim in her statement recorded under Section 180 BNSS has said that she had left her house on her own sweet will. The petitioner is in custody since 18.03.2025.

5. Learned A.P.P. appearing for the State has

Patna High Court CR. MISC. No.41201 of 2025(2) dt.09-07-2025 2/2 vehemently opposed the prayer for bail.

6. In view of the aforesaid discussions, this application is disposed of with a direction to the District and Additional Sessions Judge-VI-cum-Spl. Judge, POCSO, Gopalganj/concerned Court below to verify the aforesaid submission of the petitioner. If the statement made on behalf of the petitioner is found true then the petitioner shall be released on bail on furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the concerned Court below in connection with Mirganj P.S. Case No. 380 of 2024. If the statement made on behalf of the petitioner is found false, an appropriate order shall be passed by the Court below.

(Sandeep Kumar, J) Shishir/- U T