Vakil Ray v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42807 of 2025 Arising Out of PS. Case No.-31 Year-2025 Thana- DESARI District- Vaishali ====================================================== Vakil Ray S/o Late Hari Ray Resident of Village-Majhauli, Police StationBidupur, District-Vaishali ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Jay Kant Ray S/o Late Lagan Ray Resident of Village-Jahangirpur Sham, Police Station- Bidupur, District-Vaishali ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar For the Opposite Party/s :
Mr.Tapeshwar Sharma ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 09-07-2025 1.
Heard learned counsel for the petitioner and learned A.P.P. for the State.
2.
The petitioner apprehends his arrest in a case registered for the offences punishable under Sections 137(1), 137(2) and 87 of the Bharatiya Nyaya Sanhita. 3.
Learned counsel for the petitioner submits that petitioner is a person with clean antecedent and is aged about 77 years and the informant alleges that his daughter on 20-1-2025 at 5 PM had gone to the market for purchasing some articles, but did not return, thereafter on inquiry it is submitted that Mukesh had kidnapped her, accordingly the informant went to the house of Mukesh where his father Dinbandhu said that he
Patna High Court CR. MISC. No.42807 of 2025(2) dt.09-07-2025 2/3 has no concern with Mukesh as he stays with his maternal grandparents, next alleges that the maternal grandparents of Mukesh reside within the bounds of Bidupur PS and in the occurrence of kidnapping, Mukesh was helped by Vakil Rai, maternal uncle Subodh Rai and his Mami.
4.
The Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case being maternal grandfather of Mukesh, it is further submitted that Mukesh and the victim were in love and they eloped. It is next submitted that the victim came back and her statement was recorded under Section 183 B.N.S.S, wherein she stated that she was kidnapped by Mukesh in connivance with the petitioner and Dinbandu. It is also submitted that though the victim has supported the case of prosecution but then has stated that no sexual assault was made, which amply demonstrates that under parental pressure the said statement was recorded to implicate an old person, since informant in the FIR had alleged against him. It is further submitted that petitioner all throughout his life has remained a person with clean antecedent.
5.
Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner.
6.
Considering the submissions made by the learned
Patna High Court CR. MISC. No.42807 of 2025(2) dt.09-07-2025 3/3 counsel for the petitioner, the petitioner above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Desari (Chandpura OP) P.S. Case No. 31 of 2025, subject to the conditions as laid down under Section 482 (2) of the BNSS. (Satyavrat Verma, J) Sumit/- U T