Sarita Devi @ Sarita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41161 of 2025 Arising Out of PS. Case No.-49 Year-2025 Thana- SONHAN District- Kaimur (Bhabua) ====================================================== Sarita Devi @ Sarita Kumari aged about 22years W/O Amarjeet Mahto R/O Village- Manoharpur Kachhuara Sampatchak, P.S- Gopalpur, District- Patna. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Bhaskar Shankar, Adv For the Opposite Party/s :
Mr.Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 10-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is in custody in connection with Sonhan P.S Case No. 49 of 2025 registered for the offences punishable under Sections 87, 142 and 143 of BNS.
3. As per prosecution, daughter of the informant went out from the house for studying but when she did no return, informant tried to locate her but failed. Informant's daughter used to talk regularly on phone bearing mobile number 8603688626. Informant has suspicion that owner of this number had kidnapped his daughter
4. Learned counsel for the petitioner submits that petitioner has falsely been implicated in this case. He next
Patna High Court CR. MISC. No.41161 of 2025(3) dt.10-09-2025 2/3 submits that FIR has been lodged against unknown person whose mobile phone number in 8603688626 and suspicion has been raised that the daughter of informant allegedly fled with person having aforesaid mobile number. Petitioner's name has been figured during investigation where victim girl has stated that she facilitated her to marry with one Mohan Kumar. He further submits that petitioner is in custody since 15.05.2025 having clean antecedent.
5. However, learned APP for the State oppose the prayer for regular bail of the petitioner.
6. On perusal of the FIR, case diary, statement of the victim under Section 183 of the BNSS and impugned order dated 11.06.2025, it appears that petitioner's name has been figured during the investigation. Upon perusal of the Statement of victim under Section 183 of BNSS, it appears that victim girl had hot argument with her mother has she went to commit suicide at the railway station where one Sunny Kumar saved her and took her to petitioner's house after which they went to Harayana where petitioner insisted her to marry with one Mohan Kumar. It is also apparent from the statement of victim that she has voluntarily went with the petitioner and there is no any allegation of sexual assault against the victim. Moreover,
Patna High Court CR. MISC. No.41161 of 2025(3) dt.10-09-2025 3/3 victim girl is major as per medical examination aged about 18 to 20 years. So, considering the aforesaid facts and circumstances of the case and materials available on record, let the above named petitioner 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 learned Chief Judicial Magistrate, Bhabhua in connection with Sonhan P.S. Case No. 49 of 2025. (Ramesh Chand Malviya, J) Sunnykr/- U