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Patna High CourtCR. MISC./70150/2025bail granted

Sudarshan Patel v. The State Of Bihar

2026-02-10Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.70150 of 2025 Arising Out of PS. Case No.-11 Year-2012 Thana- RAMGARHWA District- East Champaran ====================================================== Sudarshan Patel S/O Late Oshiyar Patel @ Osiyar Patel R/O Ward No 5, Vill.- Bholapur Kharhat, P.S.- Bhairoganj, Dist.- Paschim Champaran, Bihar845106 ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prasoon Shekhar Mr. Avinash Kumar Singh Mr. Sumit Kumar Mr. Hari Om For the State :

Mrs. Anita Kumari ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 10-02-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail in a case registered for the offence punishable under Sections 364(A), 366, 376, 379 and 34 of the Indian Penal Code.

3. As per FIR, the petitioner is said to have abducted the informant.

4. Learned counsel for the petitioner submits that the present case arises out of complaint case which was subsequently sent for institution of an FIR lodged two months after the recovery of the victim for which no explanation has been tendered. It has been further submitted that the victim, who is a married woman, was abducted on 18.06.2011 and a ransom

Patna High Court CR. MISC. No.70150 of 2025(3) dt.10-02-2026 2/3 demand was also made, however, the family did not lodge any complaint or FIR and even after her recovery on 29.06.2011, no FIR was lodged and the complaint case was lodged belatedly on 24.08.2011 i.e. after two months. It is further submitted that the petitioner voluntarily surrendered before the Court on 05.05.2025 upon having knowledge of the present case and the similarly situated co-accused Jitendra Patel has already been granted bail by a coordinate Bench of this Court vide order dated 10.09.2025 passed in Cr. Misc. No. 60257 of 2025 (Annexure-2) considering the fact that the thrust of the allegation of committing rape is upon Ravi Patel.

5. Learned APP for the State has opposed the application for bail.

6. Taking into consideration the facts and circumstances and also considering that fact that the thrust of allegation is upon co-accused Ravi Patel coupled with the fact that there is inordinate delay in lodging of the FIR, let the above named petitioner, who has no criminal antecedent, be enlarged on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with Ramgarhwa P.S.

Patna High Court CR. MISC. No.70150 of 2025(3) dt.10-02-2026 3/3 Case No. 11 of 2012, subject to the conditions that: (I) The petitioner shall cooperate in the trial by appearing on each and every date till charges are framed. (Soni Shrivastava, J) devendra/- U T