Saravan Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69201 of 2025 Arising Out of PS. Case No.-111 Year-2025 Thana- BHORE District- Gopalganj ====================================================== Saravan Sharma S/o Subash Sharma Resident of village - Mishr Bagahawa, P.S - Bhore, District - Gopalganj ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Riyuzzuddin Ansari S/o Islam Ansari R/o Village - Daunkiya, P.S - Bhorey, District - Gopalganj ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Dharmveer, Advocate For the Opposite Party/s :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 02-12-2025 Heard learned counsel for the petitioner and learned APP for the State. Perused the case diary.
2.
The petitioner seeks bail in connection with Bhore P.S. Case No. 111 of 2025 instituted for the offence under Sections 137(2), 96 & 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3.
Prosecution case, in short, is that petitioner along with co-accused kidnapped the minor daughter of the informant with intention to marry.
4.
It has been submitted on behalf of the petitioner that the petitioner is in custody since 01.05.2025. Petitioner bears one criminal antecedent, as per disclosure made in
Patna High Court CR. MISC. No.69201 of 2025(3) dt.02-12-2025 2/3 paragraph No. 3 of the bail application.
5.
It has been further submitted by the petitioner's counsel that petitioner has been falsely implicated in the present case. There is delay of nine days in lodging the FIR. Referring to the statement of the victim recorded under Section 183 of the BNSS, 2023, it is submitted that she has not whispered anything against the petitioner. Learned counsel submits that petitioner and victim were in love affairs for the last six years and they have solemnized marriage.
6.
Learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is fervently submitted that victim is minor and charge sheet being submitted under Sections 137(2), 96 & 64 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 & 6 of the POCSO Act. 7.
Considering the aforesaid facts and circumstances of the case, victim is minor and charge sheet being submitted in this case under Sections 137(2), 96 & 64 of the Bharatiya Nyaya Sanhita, 2023 and Sections 4 & 6 of the POCSO Act, this Court at this stage is not inclined to grant bail to the petitioner. Prayer for grant of bail to the petitioner is hereby rejected. 8.
The Trial Court is directed to expedite the trial as expeditiously as possible without any undue delay and
Patna High Court CR. MISC. No.69201 of 2025(3) dt.02-12-2025 3/3 unnecessary adjournments.
9.
However, petitioner will be at liberty to renew his prayer for bail if the trial is not concluded within a period of four months from the date of receipt/production of a copy of this order.
(Rudra Prakash Mishra, J) Raj Kishore/- U T