Manoj Rai v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48782 of 2025 Arising Out of PS. Case No.-54 Year-2025 Thana- BELA District- Sitamarhi ====================================================== 1.

Manoj Rai, Son of Late Devlal Rai, Resident of village - Sirsiya, P.S.- Bela, District - Sitamarhi.

2.

Renu Devi, Wife of Manoj Rai, Resident of village - Sirsiya, P.S.- Bela, District - Sitamarhi.

3.

Satiya Devi, Wife of Late Devlal Rai, Resident of village - Sirsiya, P.S.- Bela, District - Sitamarhi.

... ... Petitioners

Versus

1.

The State of Bihar 2.

Shatrudhan Mahto, Son of Ram Chandra Mahto, Resident of Village - Sirsaia, P.S.- Bela, District - Sitamarhi ... ... Opposite Parties ====================================================== Appearance :

For the Petitioners :

Mr. Vinod Kumar, Advocate For the State :

Mr. Ashok Kumar Singh, APP For the Opposite Party No :

Hans Lal Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 30-07-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Bela P.S. Case No-54 of 2025, registered for the offences punishable under Sections 137(2), 140(3), 3(5) of the B.N.S., 2023 and Section 8 of the POCSO Act.

3. As per allegation, the minor daughter of the informant was kidnapped by accused, Navin Rai, Aiska Raja and Sakir Ansari and when the informant/father went to the

Patna High Court CR. MISC. No.48782 of 2025(2) dt.30-07-2025 2/3 house of Manoj Rai, who is the father of Navin Rai, he was misbehaved by him and his family members.

4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that there is no allegation of kidnapping against the Petitioners, who happens to be the parents and grandmother of the co-accused, Navin Rai.

5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph no.3 of the petition that the petitioners have no criminal antecedents.

7. Learned APP for the State vehemently opposes the prayer of the Petitioner for bail submitting that the victim is still traceless and the process under Section 82 & 83 Cr.PC has been already taken against them.

8. Considering the fact that the allegation of kidnapping is not against the Petitioners, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds

Patna High Court CR. MISC. No.48782 of 2025(2) dt.30-07-2025 3/3 in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Bela P.S. Case No54 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions: (i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.

(Jitendra Kumar, J.) Chandan/- U T