IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.57281 of 2024 Arising Out of PS. Case No.-24 Year-2024 Thana- LAKHAURA District- East Champaran ====================================================== 1. Nagendra Sahani Son Of Ram Ekbal Sahani R/V- Village- Lakhaura, Bichla Tola, P.S.- Ram Ekbal Sahani 2. Sangeeta Devi Wife Of Nagendra Sahani R/V- Village- Lakhaura, Bichla Tola, P.S.- Ram Ekbal Sahani 3. Umrawati Devi Wife Of Lal Bahadur Sahani R/V- Village- Lakhaura, Bichla Tola, P.S.- Ram Ekbal Sahani 4. Lal Bahadur Sahani Son Of Ram Ekbal Sahani R/V- Village- Lakhaura, Bichla Tola, P.S.- Ram Ekbal Sahani 5. Golu Kumar Son Of Nageena Sahani R/V- Village- Lakhaura, Bichla Tola, P.S.- Ram Ekbal Sahani 6. Nageena Sahani @ Nagina Sahni Son Of Ram Ekbal Sahani R/V- Village- Lakhaura, Bichla Tola, P.S.- Ram Ekbal Sahani ... ... Petitioner/s Versus 1. The State of Bihar 2. Mira devi wife of sunil paswan r/v- village- lakhaura, mohta tola, p.s.- Lakhaura, distt.- East champaran ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Pravin Kumar, Adv. For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 5 24-02-2025 At the outset, learned counsel for the petitioners submits that during the pendency of the case, the petitioner no. 6 - Nageena Sahani @ Nagina Sahni has been arrested and the anticipatory bail application of the petitioner no. 6 has become infructuous and seeks permission to withdraw the same. 2. Permission is granted. 3. Accordingly, the present anticipatory bail application Patna High Court CR. MISC. No.57281 of 2024(5) dt.24-02-2025 2/3 of the petitioner no. 6 is dismissed as withdrawn. 3. Heard the learned counsel for the petitioners and learned APP for the State. 4. Petitoners (except petitioner no. 6), are apprehending their arrest in connection with Lakhaura P.S. Case No. 24 of 2024 for the offence under Sections 363, 366(A) of the Indian Penal Code and Section 8 of the POCSO Act. 5. As per the prosecution story, on 26.11.2023 in the morning, petitioners along with other co-accused persons kidnapped the daughter of informant. The age of victim girl at the time of alleged occurrence was 15 years. 6. Learned counsel for the petitioners submits that petitioners are quite innocent and have committed no offence as alleged as per the FIR, all the accused persons belong to the same village. The allegation leveled against the petitioners are false, fabricated and concocted one. He also submits that the date of occurrence is 09.04.2024 and the F.I.R. lodged on 20.04.2024 after a lapse of 11 days. It is also submitted that a criminal case has also been filed against the same accused persons by the present informant of this case namely Meera Devi on 08.12.2023 for the same occurrence. 7. Learned APP for the State have vehemently opposed the prayer of anticipatory bail. Patna High Court CR. MISC. No.57281 of 2024(5) dt.24-02-2025 3/3 8. From perusal of case record, it transpires that for the same offence informant has earlier instituted a case No. 867 of 2023 and for the same set of occurrence present case has been filed. In the earlier case petitioners have been granted bail. Further in this case the alleged victim – Ruby Kumari has been recovered and she has given her statement under Section 164 Cr.P.C. in which nothing has been alleged against these petitioners. 9. Keeping in view the aforesaid facts circumstances and also the statement of victim recorded under Section 164 Cr.P.C., petitioners (except petitioner no. 6) are enlarged on anticipatory bail. 10. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt/production of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned 6th Additional Sessions Judge – cum – Special Judge, POCSO Act, East Champaran, Motihari in connection with Lakhaura P.S. Case No. 24 of 2024 subject to the conditions as laid down under Section 438(2) of the Cr.P.C. prabhakar/- (S. B. Pd. Singh, J) U T