Baliram Sah v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84765 of 2024 Arising Out of PS. Case No.-23 Year-2024 Thana- BHORE District- Gopalganj ====================================================== Baliram Sah, Son of Fulena Sah, Resident of Vill- Kalyanpur, P.S.- Bhore, District- Gopalpur ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jai Kishore Singh S/o- Late Ram Sawrup Prasad, R/o- Village- Kalyanpur, P.S.- Bhore, Dist.- Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ashok Kumar Singh, Advocate For the Opposite Party/s :

Mr. Ramesh Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 10-02-2025 Heard learned counsel for the petitioner and Mr. Ramesh Chandra, learned APP for the State.

2. The petitioner has prayed for regular bail in a case registered for the offence punishable under Sections 363 and 366A of the Indian Penal Code.

3. The case of the prosecution is that the minor daughter of the informant namely, Rubi Kumari was apprehended by Dhiraj Kumar Sah and Biru Kumar Sah for purpose of marriage.

4. Learned counsel for the petitioner has submitted that during course of investigation the victim was recovered and she has given her statement under Section 164 Cr.P.C. From perusal of the FIR it is clear that the name of this petitioner is not in the FIR. In her statement under Section 164 Cr.P.C. the victim has stated

Patna High Court CR. MISC. No.84765 of 2024(3) dt.10-02-2025 2/2 that Dhiraj, Biru, Baliram (this petitioner) and Hareram put cloth from behind on her and took her away. From perusal of the statement it is clear that the main thrust of allegation is against Dhiraj and Biru who have committed rape with the victim. The role of this petitioner is that he was also there while kidnapping the victim. The petitioner is having no criminal antecedent and he is in jail since 03.10.2024.

5. Learned APP appearing for the state has opposed the prayer of regular bail.

6. Having heard learned counsel for the parties and considering the facts and circumstances of the case as well as custody of the petitioner, this court is inclined to enlarge the petitioner on bail. The above named petitioner is directed to be released on bail in connection with Bhore P.S. Case No. 23 of 2024 on furnishing bail bond of Rs.10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned SDJM, Gopalganj.

7. Accordingly, the present bail application stands allowed.

(Ashok Kumar Pandey, J) durgesh/- U T