Prem Sahu v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62780 of 2024 Arising Out of PS. Case No.-131 Year-2024 Thana- BIRAUL District- Darbhanga ====================================================== 1.
Prem Sahu S/o- Raj Kumar Sahu Resident of Village- Ratirahi PS- Birauli, Dist- Darbhanga 2.
Laxmi Narayan Sahu @ Laxmi Sahu son of Prem Sahu Resident of VillageRatirahi PS- Birauli, Dist- Darbhanga ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gajendra Prasad Yadav, Adv.
Mr. Jagunath Singh, Adv.
Md. Ghulam Mustafa, Adv.
Mr. Akash, Adv.
For the Opposite Party/s :
Md. Aslam Ansari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-01-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection with Biraul P.S. Case No. 131 of 2024 registered under Sections 363 and 34 of the Indian Penal Code.
3. As per prosecution case, on 27.03.2024 at around 4:30 AM in the morning when the minor daughter of informant namely Bindu Kumari aged about 16 years went to the orchard to defecate in the meantime, co-accused Ram Babu Sahu pressed the mouth of the informant's daughter and forcibly compelled her to sit on the motorcycle and took away the
Patna High Court CR. MISC. No.62780 of 2024(4) dt.08-01-2025 2/3 daughter of informant. It is further alleged that when informant went to the house of Ram Babu Sahu and made complain to these petitioners then both of them abused him.
4. Learned counsel appearing on behalf of the petitioners submits that petitioners have falsely been implicated in the present case only because they are family members of coaccused Ram Babu Sahu. It is further submitted that from bare perusal of the FIR, it is apparent that the daughter of informant was kidnapped by other co-accused persons and petitioners have played no role in kidnapping, they are only alleged to have abused informant.
5. Learned A.P.P. appearing on behalf of the State opposed the bail application.
6. Having considered the aforesaid facts and circumstances of the case as well as the statement of victim recorded under Section 164 Cr.P.C., let the above named petitioners be released on bail, in the event of arrest or surrender before the learned court below within a period of eight weeks from today, on furnishing bail-bonds of Rs. 10,000 (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-I, Biraul, Darbhanga in connection with Biraul P.S. Case No. 131
Patna High Court CR. MISC. No.62780 of 2024(4) dt.08-01-2025 3/3 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr. P.C.
(Prabhat Kumar Singh, J) utkarsh/- U T