Sarpan @ Samarpan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77283 of 2025 Arising Out of PS. Case No.-198 Year-2025 Thana- PALASI District- Araria ====================================================== 1.

Sarpan @ Samarpan W/o Yasin R/o Village - Dhapari, P.S - Palasi, District - Araria 2.

Rahi @ Rahil S/o Yasin R/o Village - Dhapari, P.S - Palasi, District - Araria ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Md. Naushaduzzoha, Advocate For the Opposite Party/s :

Mr. Shyam Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-11-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 103, 238, 61(2) of the Bharatiya Nyaya Sanhita.

3. As per prosecution case, on 24.05.2025, informant's 18 months old child went missing from the her house. Upon search, informant saw the child in plastic mat with co-accused Asmina, near the tubewell. Informant suspects that all the F.I.R. named accused persons, including these petitioners, killed her child due to previous enmity.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence.

Patna High Court CR. MISC. No.77283 of 2025(2) dt.12-11-2025 2/2 Petitioner no. 1 is mother and petitioner no. 2 is brother of coaccused Asmina who was seen with dead body of the child of informant. Petitioners are simply victims of over implication and have been made accused in this case only on suspicion. Coaccused Asmina is already in custody since 11.08.2025. Petitioners claim clean antecedent.

5. Learned A.P.P. for the State vehemently opposed the bail application.

6. Considering the nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their arrest/surrender before the court below within a period of eight weeks from today, be enlarged 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 learned Chief Judicial Magistrate, Araria in connection with Palasi P. S. Case No. 198 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Navya/- U T