Patna High Court

CR. MISC./80368/2025 of Dharmendra Kumar Vs The State of Bihar on 24 December 2025

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COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.80368 of 2025 Arising Out of PS. Case No.-187 Year-2023 Thana- KALYANPUR District- East Champaran ====================================================== 1. Dharmendra Kumar Son of Umesh Sah R/o - Puran Chhapra, Ward No. 17, P.S. - Chakiya,

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80368 of 2025

Arising Out of PS. Case No.-187 Year-2023 Thana- KALYANPUR District- East Champaran

======================================================

1.

Dharmendra Kumar Son of Umesh Sah R/o - Puran Chhapra, Ward No. 17, P.S. - Chakiya, East Champaran, Bihar.

2.

Umesh Sah Son of Late Binda Sah R/o - Puran Chhapra, Ward No. 17, P.S. - Chakiya, East Champaran, Bihar.

3.

Arvind Sah Son of Umesh Sah R/o - Puran Chhapra, Ward No. 17, P.S. - Chakiya, East Champaran, Bihar.

4.

Bittu Sah Son of Umesh Sah R/o - Puran Chhapra, Ward No. 17, P.S. - Chakiya, East Champaran, Bihar.

5.

Mustkin Ansari @ Mustaquim Ansari Son of Alaudin Ansari R/o - Puran Chhapra, Ward No. 17, P.S. - Chakiya, East Champaran, Bihar.

... ... Petitioner/s

Versus

1.

The State of Bihar

2.

X Wife of Y R/o Mani Bahuaara, Pipra Khem Kalyanpur, P.S. - Kalyanpur, Dist. - East Champaran, Bihar - 845426.

... ... Opposite Party/s

Appearance :

For the Petitioner/s

:

Mr. Mohd Rustam Hussain, Advocate

For the Opposite Party/s :

Mr. Shyameshwar Dayal, A.P.P.

======================================================

CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA

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ORAL ORDER

24-12-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Section 366 and 34 of the Indian Penal Code.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that accused persons kidnapped her minor daughter.

Patna High Court CR. MISC. No.80368 of 2025(3) dt.24-12-2025

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is further submitted that the victim was in love with petitioner no. 1 (Dharmendra Kumar) and victim eloped with him and also performed their marriage. It is next submitted that victim has come back and her statement was recorded under Section 183 BNSS wherein she has not supported the case of the prosecution. It is also submitted that petitioner no. 2, 3 and 4 are father and brothers of petitioner no. 1 while petitioner no. 5 is friend of petitioner no. 1, as such, they also came to be implicated along with petitioner no. 1.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners but then fairly submits after perusing the case diary that victim has come back and her statement was recorded under Section 183 BNSS wherein she has not supported the case of the prosecution.

6. After hearing the learned counsel for the parties, let the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Patna High Court CR. MISC. No.80368 of 2025(3) dt.24-12-2025

trial court where the case is pending/Successor Court in connection with Kalyanpur P.S. Case No. 187 of 2023, subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.

Kundan/- (Satyavrat Verma, J) U T

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