Durgesh Kumar @ Durgesh Singh v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67978 of 2024 Arising Out of PS. Case No.-584 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== Sabya Devi @ Kumari Shaibya Wife of Ravindra Singh R/O Mohalla- Param Nagar Mico, ward no. 16, P.S.- Sasaram Town Model, Distt.- Rohtas, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 74028 of 2024 Arising Out of PS. Case No.-584 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== 1.
Durgesh Kumar @ Durgesh Singh S/o Ravindra Singh R/o Mohalla- Paran Nagar Mico, ward 16, PS- Sasaram Town Model, Diist- Rohtas 2.
Rabindra Singh @ Ravindra Singh S/o Saryu Singh R/o Mohalla- Paran Nagar Mico, ward 16, PS- Sasaram Town Model, Diist- Rohtas ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 33508 of 2025 Arising Out of PS. Case No.-584 Year-2024 Thana- SASARAM NAGAR District- Rohtas ====================================================== Pushkar Raj S/O Ravindra Singh R/o Mohalla- Param Nagar Mico, Ward No 16, PS- Sasaram Town Model, Distt- Rohtas, Bihar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
(In CRIMINAL MISCELLANEOUS No. 67978 of 2024) For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Advocate For the Opposite Party/s :
Ms. Renu Kumari, APP For the Informant :
Mr. Ramchandra Singh, Advocate (In CRIMINAL MISCELLANEOUS No. 74028 of 2024) For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Advocate For the Opposite Party/s :
Mr. Bhanu Pratap Singh, APP (In CRIMINAL MISCELLANEOUS No. 33508 of 2025) For the Petitioner/s :
Mr. Krishna Prasad Singh, Sr. Advocate For the Opposite Party/s :
Ms. Sangeeta Sharma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER
2/6 09-07-2025 Heard Mr. Krishna Prasad Singh, learned senior counsel for the petitioners, Mr. Ramchandra Singh, learned counsel for the Informant and Ms. Renu Kumari, learned Additional Public Prosecutor for the State (in Cr. Misc No. 67978 of 2024), Mr. Bhanu Pratap Singh, learned counsel for the State (in Cr. Misc No. 74028 of 2024) and Ms. Sangeeta Sharma, learned counsel for the State ( in Cr. Misc No. 33508 of 2025).
2. The petitioners are apprehending their arrest in connection with Sasaram Model Town P.S. Case No. 584 of 2024, F.I.R. dated 09.07.2024 for the offences punishable under Sections 140(1), 351(2), 3(5) of Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, the informant alleged that the petitioners kidnapped her wife, namely, Saloni Kumari.
4. Learned counsel for the petitioners submits that petitioners are innocent and they have falsely been implicated in the present case. He further submits that informant is the son-inlaw of the petitioners, namely,Sabya Devi @ Kumari Shaibya and Rabindra Singh @ Ravindra Singh and as per allegation in the FIR, the petitioners who are mother, father and brothers of the victim, namely, Saloni Kumari had kidnapped the wife of
3/6 the informant. He further submits that the allegation as alleged in the F.I.R. is false and fabricated and the petitioners have not committed any offences as alleged in the F.I.R.
5. Learned counsel for the petitioner submit that infact the real facts of the case is that the daughter of the petitioners namely, Saloni Kumari, who is also wife of the informant was allegedly missing and the petitioner, namely, Rabindra Singh @ Ravindra Singh, had filed FIR bearing Sasaram P.S. Case No. 342 of 2023 against the informant. He further submits that due to this reason the informant has falsely implicated the entire family members in the present case. He further submits that after institution of the Sasaram P.S. Case No. 342 of 2023, the daughter of the petitioners was recovered and in her statement which was recorded under Section 164 Cr.P.C/183 BNSS she stated that she has solemnized marriage with the informant and wants to go with him.
6. Learned counsel for the petitioner further submits that the petitioner, namely, Rabindra Singh @ Ravindra Singh has also filed information petition bearing no.627 of 2023, before the learned Chief Judicial Magistrate, Sasaram at Rohtas stating therein that victim was living with her husband at her inlaws house and now she is traceless and very cleverly the
4/6 informant lodged the present prosecution in order to save his skin, implicating all the family members of the petitioner.
7. Vide order dated 26.10.2024, this Court has directed the Superintendent of Police, Rohtas to submit the report as to what steps have been taken by the police for recovery of the kidnapped girl.
8. An affidavit has been filed on behalf of Superintendent of Police, Rohtas. From bare perusal of the affidavit it appears that Superintendent of Police, Rohtas has not stated anything with respect to what steps taken by the police.
9. Vide order dated 16.04.2025 again this court has directed the Superintendent of Police, Rohtas to file an affidavit within 10 days.
10. Pursuant to the direction of this Court Superintendent of Police, Rohtas has filed an affidavit (Flag-X) stating therein that despite best efforts the police could not recover the victim girl and the matter has been given to the District Crime Branch for early recovery of the kidnapped girl and apart from that the the case is under investigation. A detailed report has been submitted by the S.H.O. Sasaram Town P.S. vide Memo no. 1338 of 2025 dated 25.04.2025.
11. The learned Additional Public Prosecutor has
5/6 vehemently opposed the prayer for bail of the petitioners and submits that it has come during investigation that the coaccused, namely Pushkar Raj was last seen with the victim girl which was seen in the CCTV footage which suggest that the petitioners have killed the wife of the informant and apart from that petitioner nos.1, 3 have clean antecedent and petitioner nos. 2 and 4 have one criminal antecedent other than the present one but fairly submits on the basis of paragraph-3 of the bail application that petitioner nos. 2 and 4 are on bail in the pending matter.
12. Considering the aforesaid facts and circumstances, except suspicion no other cogent material is available which suggest the involvement of the petitioners in the present occurrence, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Sasaram at Rohtas in connection with Sasaram Model Town P.S. Case No. 584 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of
6/6 the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii. If the petitioners tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
13. I.A. No. 01 of 2025 shall stands disposed off. (Rajesh Kumar Verma, J) Suruchi /- U T