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Patna High CourtCR. MISC./46046/2025allowed

Kapil Sahu @ Kapil Kumar Sahu v. The State Of Bihar

2025-09-15Mr. Justice Ashok Kumar Pandey2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.46046 of 2025 Arising Out of PS. Case No.-466 Year-2024 Thana- BIRAUL District- Darbhanga ====================================================== Kapil Sahu @ Kapil Kumar Sahu S/o Chilmil Sahu R/o Vill- Hansi Tola, Navtolia, P.S.- Biraul, Distt- Darbhanga ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Kedar Jha, Adv.

For the Opposite Party/s :

Mr. B.N. Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 15-09-2025 Heard Mr. Kedar Jha, learned counsel for the petitioner and Mr. B.N. Pandey, learned APP for the State.

2. The petitioner has prayed for bail in connection with Biraul P.S. Case No. 466 of 2024 registered for the offence punishable under Section 140(3) of the B.N.S., 2023.

3. The case of the prosecution is that the petitioner has abducted the wife of the informant.

4. Learned counsel appearing on behalf of the petitioner has submitted that petitioner is innocent and has committed no offence. He has been falsely implicated in this case. He also submits that during the course of investigation, the wife of the informant, namely, Phool Devi, has given her statement recorded under Section 183 of the BNSS, wherein she has stated that she was caught talking to the petitioner by her

Patna High Court CR. MISC. No.46046 of 2025(3) dt.15-09-2025 2/2 husband and she was going to her paternal house. This petitioner met her on the way and took her to Delhi. She lived there for fifteen days, and after that, she came back. He also submits that the victim is a major and she has been recovered. In her statement, she only stated that she was taken forcefully. He further submits that a statement has been made in para 3 of the petition that petitioner has no criminal antecedent and he is languishing in judicial custody since 21.03.2025.

5. The application for bail is opposed by learned APP for the State.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case, this Court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Biraul, Darbhanga, Bihar in connection with Biraul P.S. Case No. 466 of 2024. (Ashok Kumar Pandey, J) Sudhanshu/- U T