Satpal @ Satapal v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65086 of 2025 Arising Out of PS. Case No.-540 Year-2024 Thana- NAWADA District- Nawada ====================================================== Satpal @ Satapal S/o- Suresh Kumar Village- Dudhpaniya PS-Kawakole District- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Krishna Pd. Singh, Sr. Adv.
Mr. Rakesh Singh, Adv.
For the Opposite Party/s :
Mr. Arun Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA ORAL ORDER 18-09-2025 Heard learned senior counsel for the petitioner and learned APP for the State.
2. In the present case, the petitioner seeks bail in connection with Nawada P.S. Case No. 540 of 2024 registered for the offences under Sections 376, 420, 323 and 120(B) of the Indian Penal Code.
3. As per prosecution case, giving allurement of marriage, the petitioner started sexually exploiting the informant and informant became pregnant. Prior to that the petitioner took Rs. 1,50,000/- from the informant in order to procure a job for her.
4. Learned senior counsel appearing on behalf of the petitioner submits that the petitioner is innocent and has been falsely implicated in this case. Prosecution story is not
2/4 believable at all. The occurrence took place from 05.10.2023 to 20.01.2024 but the complaint before the learned Judicial Magistrate was filed on 28.02.2024 and the FIR was registered on 08.05.2024 and the said delay was not explained by the informant. During course of investigation it has also come on record that the informant was already married with one Ashok Kumar in the year 2013 and a son was born from this wedlock who is now aged about 9 years but the informant did not state the name of her husband in the FIR rather used the name of her father for lodging the FIR and it shows the informant has not approached the court with clean hand.
Learned senior counsel further submits that even the allegation of giving any money is false and concocted as the persons before whom, the informant stated to have given money, have not been examined during course of investigation. Rather one Narendra Kumar has submitted an affidavit stating that he did not know the informant and the petitioner was not his relative. Learned senior counsel further submits that though the petitioner has given his consent for DNA test of the child but the informant does not want to her child to undergo DNA to prove the parentage of this petitioner. Learned senior counsel further submits that the brother-in-law of the informant had taken a loan of Rs.
3/4 father of the petitioner and in order to grab the money, this false case has been lodged. Petitioner is having clean antecedent. Petitioner is in custody since 22.05.2025 and charge-sheet has been submitted.
5. Learned A.P.P. opposes the submission made on behalf of the petitioner.
6. Having regard to the facts and circumstances and submissions made on behalf of the parties and considering the doubtful nature of allegation against the petitioner in the background of informant being already married and also considering the period of custody of the petitioner along with his clean antecedent and submission of charge-sheet, the petitioner above named is directed to be released on bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Nawada/concerned court in connection with Nawada P.S. Case No. 540 of 2024, subject to the conditions mentioned in Section 480(3) of the B.N.S.S. and other following conditions: (i) One of the bailors will be a close relative of the petitioner.
(ii) The petitioner will remain present on
4/4 each and every date fixed by the court below.
(iii) In case of absence on three consecutive dates or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the court concerned.
(Arun Kumar Jha, J) balmukund/- U T