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2025 DAILYLAW 77294 (PAT)

Sonu Lal Kashyap v. The State of Bihar

CR. MISC./72235/2024 · 2025-01-20

Ashok Kumar Pandey

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Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.70950 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- NARAINPUR District- Bhojpur ====================================================== Pramod Agarwal @ Banti Agrawal @ Banti Kumar, S/O Bajrang, R/O Village- Back Side of Nai Mandi, Karmchari Colony Gangapur, P.S- Gangapur, District- Sawai Madhopur (Rajasthan). ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== with CRIMINAL MISCELLANEOUS No. 72235 of 2024 Arising Out of PS. Case No.-55 Year-2024 Thana- NARAINPUR District- Bhojpur ====================================================== Sonu Lal Kashyap, Son of Munna Lal Kashyap, R/o Village- Dildar Nagar, P.S.- Dildar Nagar, District- Ghazipur, Uttar Pradesh ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 70950 of 2024) For the Petitioner/s : Mr.Vivekanand Singh, Advocate For the Opposite Party/s : Mr.Shahabuddin Azeem @ S. Azeem, APP (In CRIMINAL MISCELLANEOUS No. 72235 of 2024) For the Petitioner/s : Mr.Manoj Kumar, Advocate For the Opposite Party/s : Ms.Sharda Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY ORAL ORDER 4 20-01-2025 Heard learned counsel for the petitioners and learned APP for the State. 2. The petitioners have prayed for bail in connection with Narayanpur P.S. Case No.55 of 2024 instituted for the offence under Sections 140(3) of the B.N.S.S. 3. The case of the prosecution is that on 29.06.2024 at Patna High Court CR. MISC. No.70950 of 2024(4) dt.20-01-2025 2/4 about 1 P.M., the minor dauther of the informant, namely, Putul Kuamri got missing. She was searched by the informant but she could not be found. During investigation, the victim was recovered from Narayanpur, district-Bhojpur from a room. In that room, one lady and two males were there. They were Sheela Devi, Sonu Lal Kashyap and Rahul Kumar. The victim started weeping after seeing her mother. The victim has given her statement under Section 180 of the B.N.S.S. and Section 183 of the B.N.S.S. as well. In her statement under Section 180 of the B.N.S.S., she has stated that on 29.06.2024, she has gone to Narayanpur Bazar for purchasing kurkure. There, she met her cousin aunt, namely, Janki Devi who allured her of providing samosa. She was given samosa to eat. After that, she got unconscious. When she got conscious, she was at railway station Dildar Nagar. After this, her cousin aunt and one lady took her to a house in Jungle. At 2 P.M., two persons arrived there. They called her to get ready in the evening. One other person arrived there having Rs. 2 Lakhs and handed over the cash to her cousin aunt and Sheela Devi. Sheela Devi handed over Rs. 60,000/- to cousin aunt of the victim. It is further stated by the victim that she was compelled to enter into prostitution. When she denied, she was assaulted. After that, she was brought in the room of Sheela. Sheela was also having the intention to compel the victim for prostitution. Patna High Court CR. MISC. No.70950 of 2024(4) dt.20-01-2025 3/4 4. It is submitted by learned counsel for the petitioners that petitioners are innocent and have committed no offence. They have been falsely implicated in the present case. A statement has been made in para-3 of the petition that the petitioners have got no criminal antecedent. Moreover, they are languishing in judicial custody since 23.07.2024. 5. Learned APP appearing for the state has opposed the prayer of regular bail and submitted that the victim in her statement under Section 183 of the B.N.S.S. has stated that she was sold to Bunti (petitioner) and Bunti took her to Agra. She has further stated that Bunti did ghatiya kam with her at Agra. She was being also assaulted. From the statement of the victim and the F.I.R., it is clear that the mental status of the victim was not good and due to this, she was being kidnapped by her own cousin aunt and she was sold to Sheela Devi and to Bunti as well. It means she has to suffer many transfers from the time when she left her house. The role of petitioner Bunti is quite apprent from the statement of the victim under Section 183 of the B.N.S.S. As far as the role of petitioner Sonu Lal Kashyap is concerned, his name has surfaced in para 18 of the case diary where he was found in a room with two others, namely, Sheela Devi, Rahul Kumar and the victim. There is no other allegation agaisnt the petitioner but the statement of the under Section 183 of the B.N.S.S. discloses the Patna High Court CR. MISC. No.70950 of 2024(4) dt.20-01-2025 4/4 commission of the serious offence of human trafficking. 6. Having heard the learned counsel for the parties and considering the nature of allegation, this court is not inclined to enlarge the petitioners on bail at this stage and, as such, their prayer for bail stands rejected. 7. Petitioners will be at liberty to renew their prayer for bail after six months, if the trial is not concluded. lata/- (Ashok Kumar Pandey, J) U T