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2025 DAILYLAW 28563 (PAT)

Binod Ray @ Vinod Ray v. The State of Bihar

CR. MISC./19924/2025 · 2025-07-11

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.19924 of 2025 Arising Out of PS. Case No.-126 Year-2024 Thana- PATKHAULI District- West Champaran ====================================================== Binod Ray @ Vinod Ray Son of Late Munna Ray Resident of Village - Narainapur Ghat, Railway Patari, P.S.- Patkhauli, District - West Champaran. ... ... Petitioner/s Versus 1. The State of Bihar 2. X Son of Bismillah Dewan Resident of Narainapur Ghat, Ward No.- 8, P.S.- Patkhauli, District - West Champaran ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Ms. Indu Kumari Srivastava, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 11-07-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State. 2. Petitioner seeks regular bail in connection with Patkhauli P. S. Case No. 126/2024 in a case registered for the offences punishable under Sections 137(2), 96, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita. 3. As per prosecution case, informant, namely Samullah Devan, alleged that on 02.09.2024 at about 6 AM, his 14 year old daughter was kidnapped from the market by co- accused Sunil Kumar and Niraj Kumar with the intent to marry. It is further alleged that this petitioner, along with other co- accused persons, abused and threatened the informant. 4. Learned counsel for the petitioner submits that Patna High Court CR. MISC. No.19924 of 2025(3) dt.11-07-2025 2/2 from bare perusal of the F.I.R. it is apparent that specific accusation of kidnapping minor daughter of informant is against co-accused Sunil Kumar and Niraj Kumar. Petitioner is only alleged to have played active role and there is no specific accusation of kidnapping against him. Similarly situated co- accused, namely, Shila Devi has already been granted anticipatory bail by this Hon’ble Court vide order dated 08.04.2025 passed in Cr. Misc. No. 17490 of 2025. Petitioner is in custody since 31.12.2024. Petitioner claims clean antecedent. Charge-sheet has already been submitted. 5. Learned A.P.P. for the State vehemently opposes the bail application. 6. Considering the nature of accusation and period of custody, the bail application is allowed. Let the above named petitioner be released on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate 1st, Bagaha, West Champaran in connection with Patkhauli P. S. Case No. 126/2024. Navya/- (Prabhat Kumar Singh, J) U T