Jimdar Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41667 of 2025 Arising Out of PS. Case No.-119 Year-2025 Thana- BIDUPUR District- Vaishali ====================================================== 1.
Jimdar Singh Son of Late Anandu Singh Village- Mathura, Sultanpur Pachkatiya, Panapur Dilawarpur PS- Bidupur District -Vaishali 2.
Vinod Ray son of Naresh Ray Village- Mathura, Sultanpur Pachkatiya, Panapur Dilawarpur PS- Bidupur District -Vaishali ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Yugal Kishore, Advocate For the State :
Mr. Parmanand Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 09-07-2025 Heard Mr. Yugal Kishore, learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Bidupur P.S. Case No. 119 of 2025 for the offence registered under Sections 3(5), 137(2), 140(3) of the BNS lodged on 12.02.2025 by the informant Bhola Singh.
3. As per the prosecution story, the informant alleged that his son had gone to purchase vegetables and was seen along with the petitioners. However, later he went missing and information came that he is at the house of Mahendra Rai. This led to the FIR.
4. Learned counsel for the petitioners submit that the
Patna High Court CR. MISC. No.41667 of 2025(2) dt.09-07-2025 2/3 son of the informant and daughter of Mahendra Rai were in relationship, the presence of the boy with a girl in the house of Mahendra Rai was taken note of by the villagers where the boy consented to the marriage with the Mahendra Rai's daughter, a major girl. They have subsequently solemnized marriage and Annexure-2 is testimony to it.
5. Learned APP for the State, on the other hand, opposes the prayer for anticipatory bail submitting that the boy was missing and subsequently, this marriage took place in the absence of the informant/family members.
6. Considering the submissions of the parties as also the fact that subsequent marriage has taken place which is at Annexure-2, both these petitioners are villagers, one of them is 70 years old, in that background, this Court is inclined to grant them the anticipatory bail with conditions.
7. Let the petitioners in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Vaishali at Hajipur in connection with Bidupur P.S. Case No. 119 of 2025 subject to condition as laid down under Section 438
Patna High Court CR. MISC. No.41667 of 2025(2) dt.09-07-2025 3/3
(2) of the Cr.P.C.
(i) one of the bailor should be the family members/relatives of the petitioners, who shall provide official document to show is bona fide;
(ii) the petitioners shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial court itself;
(iii) the petitioners shall appear before the concerned police station every fortnight for next six months to mark attendance;
(iv) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(v) the petitioners shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) priyanka/- U T