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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.63132 of 2025 Arising Out of PS. Case No.-433 Year-2024 Thana- RUNISAIDPUR District- Sitamarhi ======================================================
1. Naresh Rai @ Naresh Ray, aged about 40 years, Male S/o Ram Swarath Ray @ Sogarath Rai R/o Village - Ward No. 10, Tikauli, P.S - Runnisaidpur, District - Sitamarhi
2. Rekha Devi, aged around 39 years W/o Naresh Rai @ Naresh Ray R/o Village - Ward No. 10, Tikauli, P.S - Runnisaidpur, District - Sitamarhi ... ... Petitioner/s Versus
1. The State of Bihar
2. Ram Jeevan Rai, Male S/o Late Asharfi Rai R/o Village - Tikauli, P.S - Runnisaidpur, District - Sitamarhi ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Ayush Kumar, Advocate For the Opposite Party/s : Mr.Umesh Lal Verma, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 2 10-09-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. The petitioners apprehend arrest in connection with Runnisadipur P.S. Case No. 433 of 2024 dated 04-12-2024, instituted under Section 96 of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the POCSO Act. 3. The petitioners are alleged to have assisted co- accused Sanjay Rai in kidnapping the informant’s minor daughter. Patna High Court CR. MISC. No.63132 of 2025(2) dt.10-09-2025 2/3
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in the present case. It is further submitted that petitioner No.1 is the brother of the main accused, Sanjay Rai, while petitioner No.2 is his sister-in-law (bhabhi). The FIR has been lodged after a delay of nine days without any plausible explanation. It is also submitted that the informant has named not only the main accused, Sanjay Rai, but also his family members in the FIR. The petitioners have no involvement in the alleged acts of said Sanjay Rai. Lastly, it is submitted that the petitioners have no criminal antecedents. 5. Learned APP has opposed the prayer for bail. 6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioners be released on bail upon furnishing bail bonds of Rs.
10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Additional Sessions Judge VI-cum- Special Judge (POCSO Act) Sitamarhi, in Runnisaidpur P.S. Case No. 433 of 2024, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita 2023. Patna High Court CR. MISC. No.63132 of 2025(2) dt.10-09-2025 3/3
7. The application stands allowed. shyambihari/- (Khatim Reza, J) U