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Patna High Court

Anil SahversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioner subject to a bond and conditions.

Summary

The petitioner, Anil Sah, was arrested in connection with FIR No.670 of 2025 alleging offences under Sections 316(2), 318(4), 69 and 351(2) of the B.N.S., including alleged theft of jewellery worth Rs.2 lakh, taking field documents and sexual exploitation of the informant‑cum‑victim. The petitioner contended that the case was fabricated as part of a property dispute, noting that the victim refused medical examination and that the complainant, Gudiya Devi, had impersonated her deceased first wife to lodge the complaint against her own nephew. The State opposed bail, asserting that the petitioner had a sexual relationship with the victim and had misappropriated her ornaments. After considering the allegations of falsehood, the property‑dispute context, and the fact that the petitioner had been in custody since 5 July 2025, the Court decided to grant bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and the petitioner’s cooperation with the trial.

Issues considered

  • Whether bail should be granted to the petitioner in view of the alleged offences under Sections 316(2), 318(4), 69 and 351(2) of the B.N.S.
  • Whether the allegations constitute a false case arising out of a property dispute

Legislation cited

  • B.N.S. — s. 316(2), 318(4), 351(2), 69

Subjects

  • bail
  • false case
  • property dispute
  • sexual exploitation
  • theft
  • B.N.S.
  • Section 316
  • Section 318
  • Section 69
  • Section 351
  • West Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.70786 of 2025
                  Arising Out of PS. Case No.-670 Year-2025 Thana- SIKARPUR District- West Champaran
                 ======================================================
                 Anil Sah S/o Dinanath Sah R/o Village- Bairia, P.S.- Shikarpur, District- West
                 Champaran at present R/o Nandpur, Nawka Toila, Railway Dhala, P.S.-
                 Shikarpur, District- West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shashank Shekhar, Adv.
                                                  Mr. Ashutosh Kumar, Adv.
                 For the Opposite Party/s :       Mr. Madan Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR
                 PANDEY
                                       ORAL ORDER

5   12-01-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner seeks bail in a case registered for the

                   offence punishable under Sections-316(2), 318(4), 69, 351(2) of

                   the B.N.S.

                                 3. It is alleged that the petitioner often used to visit the

                   informant-cum-victim’s husband and in that course, he allured

                   her and took away her jewellery worthy Rs. 2,00,000/- and also

                   took papers of the fields. It is also alleged that the petitioner

                   having called the informant at his house, started her to exploit

                   sexually. When the informant demanded the jewewllery and

                   papers, she was abused and was threatened of dire
Patna High Court CR. MISC. No.70786 of 2025(5) dt.12-01-2026
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          consequences.

                       4. Learned counsel for the petitioner has submitted

          that the petitioner is innocent and he has falsely been implicated

          in this case. As a matter of fact, late Raj Kumar Sah had

          solemnized two marriages. Asha Devi was his first wife who is

          no more. His second wife, Gudiya Devi impersonating herself

          as Asha Devi has lodged the present case against the petitioner

          who is her nephew. She has also lodged a case against her step

          son and the FIR of that case has been filed alongwith counter

          affidavit which shows that there was land dispute. The victim

          refused for her medical examination which shows that the

          present case is false and fabricated.

                       5. On the other hand, learned counsel for the

          informant opposed the prayer for bail by submitting that the

          petitioner had sexual relationship with the informant and he also

          kept her ornaments etc.

                       6. The victim has not only filed the case against the

          petitioner who is her nephew but also filed cases against her

          step son and family members. It appears to be a case of property

          dispute. The petitioner is in custody since 05-07-2025.

                       7. Considering the aforesaid facts and circumstances,

          let the petitioner named above, be released on bail on furnishing
            Patna High Court CR. MISC. No.70786 of 2025(5) dt.12-01-2026
                                                        3/3




                      bail bond of Rs. 10,000/- (ten thousand) with two sureties of the

                      like amount each to the satisfaction of learned Additional Chief

                      Judicial Magistrate-VI, West Champaran, Bettiah in connection

                      with Shikarpur P.S. Case No. 670 of 2025 with condition that

                      the petitioner shall cooperate with the trial of the case and make

                      himself available as and when required by the court.

                                   8. The personal appearance of the I.O. is dispensed

                      with.



                                           (Nawneet Kumar Pandey, J)
A.K.V.//-

U      T


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