Bajrangi Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.61479 of 2025 Arising Out of PS. Case No.-69 Year-2025 Thana- GHORASAHAN District- East Champaran ====================================================== 1.

Bajrangi Kumar son of Ashok Sah Resident of Village -Kaswa Kadamwa, P.S. - Ghorasahan, District - East Champaran 2.

Ashok Sah son of Late Baidyanath Sah Resident of Village -Kaswa Kadamwa, P.S. - Ghorasahan, District - East Champaran 3.

Vimla Devi Wife of Ashok Sah Resident of Village -Kaswa Kadamwa, P.S. - Ghorasahan, District - East Champaran 4.

Akali Devi wife of Late Baidyanath Sah Resident of Village -Kaswa Kadamwa, P.S. - Ghorasahan, District - East Champaran 5.

Chhoti Kumari Daughter of Ashok Sah Resident of Village -Kaswa Kadamwa, P.S. - Ghorasahan, District - East Champaran 6.

Arti Kumari Daughter of Ashok Sah Resident of Village -Kaswa Kadamwa, P.S. - Ghorasahan, District - East Champaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Madhurendra Kumar, Adv.

For the Opposite Party/s :

Mr. Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 10-09-2025 Heard the learned Advocate for the petitioners and the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Ghorasahan P.S. Case No. 69 of 2025, registered for the offences punishable under Sections 96, 3(5) of the BNS, 2023.

3. Allegedly, co-accused Hareram Kumar Sah along with the petitioner no. 1 forcibly kidnapped the daughter of the informant for the purposes of marriage. When the informant enquired the matter about the family members of aforenoted

Patna High Court CR. MISC. No.61479 of 2025(2) dt.10-09-2025 2/3 persons, all of them assured that they will return his daughter. However, even after two days, when his daughter did not return, the informant again reached to the house of the accused persons, whereupon they abused and intended to assault him.

4. Learned Advocate for the petitioners contended that the alleged occurrence took place on 27.01.2025 and the present FIR came to be instituted on 04.03.2025, without there being any explanation. In fact, the daughter of the informant had voluntarily left her house and fled away with co-accused Hareram Kumar Sah. However, only in order to put pressure and wreck vengeance, the name of all the family members have been roped up in the present case. The petitioners have nothing to do with the relationship of Hareram Kumar Sah with the daughter of the informant, who is admittedly major. It is further contended that from the narration of the FIR, it appears that the daughter of the informant was a married lady, but no complaint has been made by her husband or any other member of the in-laws family.

5. On the other hand, learned counsel for the State opposed the pre-arrest bail application and submitted that the victim has yet not been recovered and there is serious allegation against petitioner no. 1 and Hareram Kumar Sah, who have forcefully kidnapped the daughter of the informant.

Patna High Court CR. MISC. No.61479 of 2025(2) dt.10-09-2025 3/3

6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the delay in lodging of the FIR, coupled with the fact that the petitioners are none else but only the close relatives of coaccused Hareram Kumar Sah, with whom the married daughter of the informant fled away, this Court is inclined to extend the privilege of anticipatory bail to all the petitioners. 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) each with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate1, Sikrahana at Dhaka, East Champaran, Motihari in connection with Ghorasahan P.S. Case No. 69 of 2025, subject to the conditions laid down in Section 482(2) 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) shivank/- U T