Hari SahversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.48095 of 2025
                      Arising Out of PS. Case No.-236 Year-2024 Thana- BAJPATTI District- Sitamarhi
                 ======================================================
                 Hari Sah S/O Ram Lakhan Resident of Village- Ratwara, P.S- Bajpati, Distt.-
                 Sitamarhi.
                                                                         ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar
           2.    X D/O Late Shree Mohan Sah R/O Village- Ratwara, P.S- Bajpatti, Distt.-
                 Sitamarhi.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Dwij Raj, Advocate
                 For the Opposite Party/s :        Mr.Choubey Jawahar, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
                 MISHRA
                                       ORAL ORDER

6   13-03-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State. Perused the case diary.

                               2. The petitioner seeks bail in connection with Bajpatti

                   P.S. Case No. 236 of 2024, instituted for the offences under

                   Sections 498-A, 376/34 of the Indian Penal Code and section 8

                   of the POCSO Act.

                               3. Prosecution case, in short, is that petitioner along

                   with other co-accused persons committed rape upon the

                   informant.

                               4. Learned counsel for the petitioner submitted that the

                   petitioner has falsely been implicated in the present case. He

                   further submitted that victim and the son of the petitioner co-
Patna High Court CR. MISC. No.48095 of 2025(6) dt.13-03-2026
                                            2/3




          accused Bittu Kumar were in love affairs and they ran away

          against the will of the petitioner. The petitioner has never

          accepted the relationship of the victim and his son. The victim

          and Bittu Kumar returned to the village and victim gave the

          birth of a child. After sometimes both co-accused Bittu Kumar

          and the victim started fighting each other and then victim went

          to her sister’s house and Bittu Kumar moved to Delhi for

          livelihood. The occurrence took place on 01.07.2023, whereas

          the F.I.R. has been lodged on 28.08.2024. Learned counsel for

          the petitioner submits that general and omnibus allegation has

          been made against the petitioner. In the statement of victim

          recorded under section 183 of BNSS, the victim stated that she

          left the house along with co-accused Bittu Kumar on

          01.07.2023, thereafter, said Bittu Kumar put vermilion on her

          forehead. She further alleged that petitioner and his son

          established physical relationship with her, but no F.I.R. was

          lodged in the year 2023. It has been submitted on behalf of the

          petitioner that the petitioner is in custody since 19.04.2025 and

          has no criminal antecedent.

                      5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of bail to the petitioner.

                       6. Considering the aforesaid facts and circumstances
           Patna High Court CR. MISC. No.48095 of 2025(6) dt.13-03-2026
                                                       3/3




                     of the case, as also the period of custody undergone by the

                     petitioner, this Court is inclined to grant bail to the petitioner.

                                   7. Let the petitioner be released on bail on furnishing

                     bail bonds of Rs. 15,000/- ( Rupees Fifteen Thousand) with two

                     sureties of the like amount each to the satisfaction of Court

                     below/concerned Court in connection with Bajpatti P.S. Case

                     No. 236 of 2024, subject to the following conditions:

                                   (I) One of the bailors shall be the petitioner’s own or

                     close member.

                                   (II) The petitioner shall appear on each and every date

                     fixed during the trial and shall not remain absent on two

                     consecutive dates without sufficient cause.

                                   (III) The petitioner shall not tamper with the

                     prosecution evidence or influence/intimidate any witness during

                     the course of trial.

                                   In case of violation of any of the aforesaid conditions,

                     the Trial Court shall be at liberty to cancel the bail bonds of the

                     petitioner.


                                           (Rudra Prakash Mishra, J)

manish/-

U      T