Manejer Rai v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.48110 of 2025 Arising Out of PS. Case No.-13 Year-2025 Thana- DIGHWARA District- Saran ====================================================== 1.
Manejer Rai Son of Rajendra Rai Village -Kakarahat PS- Derni Distt -Saran at Chapra 2.
Suraj Kumar son of Manejar Rai Village -Kakarahat PS- Derni Distt -Saran at Chapra 3.
Savita Devi Wife of Manejar Rai Village -Kakarahat PS- Derni Distt -Saran at Chapra 4.
Vipin Kumar Son of Manejar rai Village -Kakarahat PS- Derni Distt -Saran at Chapra ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Udai Shankar Singh, Advocate For the State :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 30-07-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Dighwara P.S. Case No.-13 of 2025 dated 19.01.2025, registered for the offences punishable under Sections 137(2), 96, 352 and 3(5) of B.N.S., 2023.
3. As per allegation, the minor daughter of the informant lady was kidnapped by co-accused Sachin Kumar and when the informant went to the house of Sachin Kumar to
2/4 complain against the kidnapping to his parents, she was misbehaved by the petitioners herein, who happened to be mother, father and brother.
4. Learned counsel for the petitioners submits that the Petitioners are innocent and have falsely been implicated in this case. He further submits that as a matter of fact, the alleged victim is major and she was in love with Sachin Kumar and she has left the parental home on her own and went to the coaccused Sachin Kumar and both of them solemnized the marriage as per Hindu Rites and Customs and no offence is committed. He also submits that the statement of the alleged victim has been recorded under Section 183 B.N.S.S. in which she has admitted this fact of love affairs between herself and Sachin Kumar and marriage between the two and presently, she is lodged in Nari Niketan, Chhapra, because Sachin Kumar is in jail and and her parents are not taking her to their house.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner Nos. 1 and 2 have two criminal antecedents, whereas petitioner Nos. 3 and 4 have one criminal
3/4 antecedent.
7. Learned APP for the State vehemently opposes the prayer of the Petitioners for bail.
8. Considering the aforesaid facts and circumstances, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned Court Below, in connection with Dighwara P.S. Case No.-13 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong,
4/4 learned court below shall cancel the bail bonds of the petitioners.
(Jitendra Kumar, J) shoaib/- U T