Suryakal Devi @ Suryakala Devi @ Rajus Mother v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50751 of 2025 Arising Out of PS. Case No.-155 Year-2025 Thana- SHEOHAR District- Sheohar ====================================================== 1.
Suryakal Devi @ Suryakala Devi @ Rajus mother, W/o Hari Kishor Ray, R/o vill - Chamanpur, ward no. 10, P.s.- Sheohar, Distt.- Sheohar 2.
Mukesh Ray, S/o Hari Kishor Ray, R/o vill - Chamanpur, ward no. 10, P.s.- Sheohar, Distt.- Sheohar 3.
Hari Kishor Ray @ Harikishore Ray, S/o Ramswaroop Ray, R/o vill - Chamanpur, ward no. 10, P.s.- Sheohar, Distt.- Sheohar 4.
Gauri Ray @ Gauri Shankar Ray @ Gaurishankar Ray, S/o Ramswaroop Ray, R/o vill - Chamanpur, ward no. 10, P.s.- Sheohar, Distt.- Sheohar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhubala Verma, Adv.
For the Opposite Party/s :
Mr. Shahabuddin Azeem @ S. Azeem, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 12-08-2025 Heard learned Advocate appearing on behalf of the petitioners and the learned Additional Public Prosecutor for the State.
2. The petitioners apprehend their arrest in connection with Sheohar P.S. Case No. 155 of 2025, registered for the offences punishable under Sections 96 of the Bharatiya Nyaya Sanhita, 2023.
3. Allegedly, son of petitioners no. 1 and 3, namely Raju Ray, enticed away the minor daughter of the informant and when the informant alongwith his wife went to their house to know about their daughter, the petitioners started abusing and
Patna High Court CR. MISC. No.50751 of 2025(2) dt.12-08-2025 2/3 assaulting them and said that Raju took away their daughter for marriage. They also threatened with dire consequences. It is further alleged that when the informant made a search in his house, he found that Rupees 3 lakh together with jewellery were stolen by co-accused Raju.
4. Learned Advocate appearing on behalf of the petitioners submitted that the petitioners are none else but happen to be mother, brother, father and uncle of the co-accused Raju Ray. It is further submitted that the alleged occurrence took place on 05.05.2025, however the present FIR came to be lodged on 07.05.2025. After a period of few days, the victim herself returned and her statement has been recorded under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023, wherein she has categorically stated that her parents wanted to solemnize her marriage with a boy with whom she does not want to marry and thus, she voluntarily left her house. She has not stated or whispered about the complicity of any person, including the petitioners. It is lastly contended that the petitioners have nothing to do with the kidnapping or enticing away the daughter of the informant and now she has already been returned to her house.
5. On the other hand, learned Advocate for the State opposed the pre-arrest bail application and submits that there is
Patna High Court CR. MISC. No.50751 of 2025(2) dt.12-08-2025 3/3 a specific allegation against the petitioners.
6. Having considered the submissions set forth by learned Advocate for the respective parties and taking note of the statement of the victim recorded under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023 wherein no allegation whatsoever has been levelled against the petitioners, coupled with their fair antecedent, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sheohar in connection with Sheohar P.S. Case No. 155 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners. (Harish Kumar, J) supratim/- U T