Ram Saday v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.731 of 2025 Arising Out of PS. Case No.-157 Year-2024 Thana- KALUAHI District- Madhubani ====================================================== Ram Saday S/o Late Makhan Sadai R/o Village- Chakdah, Paliwar, P.S.- Raj Nagar, District- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Nagendra Mukhiya S/o Late Satyanarayan Mukhiya R/o Village- Loha Balua Dhatta, P.S.- Kaluahi, Dist.- Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Gagan deo Yadav, Adv Mr. Ravi Prakash, Adv Mr. Rajesh Kumar, Adv For the Opposite Party/s :

Mr. Abhay Kumar Roy, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 24-04-2025 Heard learned Counsel for the petitioner and learned A.P.P for the State.

2. The petitioner has preferred this application for grant of regular bail in connection with Kaluahi P.S. Case No. 157 of 2024 registered for the offences punishable under Sections 137(1), 96, 126(2), 115(2), 352 and 3(5) of the B.N.S.

3. As per the prosecution case, the minor daughter of the informant went to the market for purchasing some household articles, however, she did not return and during search on 11.08.2024, the informant came to know that the brother of one Munni Devi, namely, Ram Saday (petitioner) along with daughter of the informant were at the house of the

Patna High Court CR. MISC. No.731 of 2025(3) dt.24-04-2025 2/3 petitioner and finally the victim girl was recovered along with the petitioner.

4. Learned counsel for the petitioner has submitted that the petitioner and the victim girl were in love and she had gone with the petitioner on her own sweet will. It is further submitted that the victim girl in her statement made u/s 180 and 183 of the BNSS, though she had stated that the petitioner forcibly took her for the purposes of marriage, to which she denied, however, she had not alleged any sexual assault committed by the petitioner. It is lastly submitted that the petitioner has clean criminal antecedent and is in custody since 14.08.2024.

5. Learned APP for the State has vehemently opposed the prayer for bail and has stated that the victim girl appears to be 16-17 years of age as per the medical report.

6. Considering the aforesaid facts and circumstances of the case and taking into account consideration the statement made by the victim girl under Section 180 and 183 of the BNSS that no sexual assault was committed by the petitioner against her and also considering the period of custody, let the petitioner above-named be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the

Patna High Court CR. MISC. No.731 of 2025(3) dt.24-04-2025 3/3 like amount each to the satisfaction of learned Court concerned, Madhuabani, in connection with Kaluahi P.S. Case No. 157 of 2024.

7. The application stands allowed.

(Sourendra Pandey, J) Jyoti/- U T