Regular bail application in a Dhamaul PS case alleging inducement and taking away of a minor girl. Considering custody period, absence of criminal antecedents and the victim's Section 183 statement without specific allegations, the court granted bail with conditions.
Released on bail: Rs.10,000 bond plus two sureties of like amount, subject to conditions.
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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.842 of 2025
Arising Out of PS. Case No.-128 Year-2024 Thana- DHAMOUL District- Nawada
======================================================
Sajan Kumar Son of Pyare Ravidas village- Baruna, Ps- Ariari, DistSheikhpura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
====================================================== Appearance :
For the Petitioner/s : Mr. Bijendra Kumar, Adv. For the Opposite Party/s : Mr. Navin Kumar Pandey, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA
ORAL ORDER
3 07-04-2025
Heard learned counsel for the petitioner and learned
APP for the State. Perused the case diary.
Dhamaul P.S. Case No. 128 of 2024 instituted for the offences under Section 96 of the B.N.S., 2023.
Patna High Court CR. MISC. No.842 of 2025(3) dt.07-04-2025 2/3
she in her statement recorded under Section 183 of the B.N.S.S. has not made any allegation against the petitioner rather she has stated that she on her own sweet will had gone along with the petitioner and both of them have also solemnized marriage in a temple. Thus, the victim girl has not made any allegation of inducement against the petitioner. He further submits that the co-accused Babita Devi has already been enlarged on bail by the learned court below. There is also delay of two days in lodging the F.I.R. and, that too, without there being any plausible explanation for such delay which creates doubt in the veracity of the prosecution case. The petitioner has no criminal antecedent and is languishing in judicial custody since 06.11.2024 without any rhymes or reason.
Patna High Court CR. MISC. No.842 of 2025(3) dt.07-04-2025 3/3
the period of custody of the petitioner, the petitioner having no criminal antecedent as also taking into account the 183 statement of the victim girl wherein she has not made any specific allegation of any overt act against the petitioner, let the petitioner, abovenamed, be released on bail on furnishing bail bonds of Rs.10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Dhamaul P.S. Case No. 128 of 2024, subject to the following conditions;
(i) One of the bailor(s) shall be the own/close family members of the petitioner.
(ii) The petitioner shall cooperate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the Court and in the event of failure on two consecutive dates without sufficient reasons, his bail bond shall be liable to be cancelled by the court below.
(Rudra Prakash Mishra, J)
rishi/-
U T
1 issue framed by the court
Whether the petitioner accused of taking away a minor under Section 96 BNS should be released on regular bail.
2 provisions across 2 enactments
Sajan Kumar
The State of Bihar
Rudra Prakash Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
