Patna High Court
Anil SahversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- NAWNEET KUMAR PANDEY
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
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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
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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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