Patna High Court
Kajal DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to the petitioners subject to the conditions of Section 438(2) CrPC.
Summary
The petitioners, two women including an 18‑year‑old, were accused in a Begusarai police case of kidnapping a girl and forcing her onto a train bound for the Khumbh Mela. The only evidence presented was the victim's statement, with no further incriminating material. The petitioners sought anticipatory bail under Section 438(2) of the Code of Criminal Procedure for alleged offences under Sections 137(2) and 87 of the Bihar Narcotic Substances Act, 2023. Considering the lack of additional evidence and the petitioners' gender and age, the Court allowed the anticipatory bail application. The Court ordered that, upon arrest or surrender within six weeks, each petitioner be released on bail upon furnishing a Rs 10,000 bond with two sureties of equal amount, subject to the conditions of Section 438(2) CrPC.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused of kidnapping under Sections 137(2) and 87 of the B.N.S., 2023.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 137(2), 87
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- kidnapping
- Section 438 CrPC
- women accused
- minor
- Bihar Narcotic Substances Act
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51198 of 2025
Arising Out of PS. Case No.-40 Year-2025 Thana- BALIYA District- Begusarai
======================================================
1. Kajal Devi W/o Late Arun Yadav.
2. Kimati Kumari @ Kimti Kumari D/o Arun Yadav.
Both resident of vill - Pokharia, P.S.- Balliya, Distt.- Begusarai
... ... Petitioners
Versus
1. The State of Bihar
2. Rinku Devi, W/o Arvind Yadav, R/o village Pokharia, P.S. Balliya, District
Begusarai
... ... Opposite Parties
======================================================
Appearance :
For the Petitioner : Mr. Brajesh Sahay, Advocate
Mr. Kumar Binode Bariar, Advocate
For the State : Ms. Sangeeta Sharma, APP
For the Informant : Mr. Noamaan Ahmad, Advocate
Mr. Dhananjay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 19-02-2026 Heard learned counsel for the parties.
2. This application for anticipatory bail arises
out of Baliya P.S. Case No.40 of 2025 for the offence
punishable under sections 137(2) and 87 of the B.N.S., 2023.
3. The petitioners are accused of kidnapping
the victim girl and made her board the train for Khumbh Mela
(Prayagraj).
4. From the statement of the victim girl nothing
else has come against the petitioners.
5. Considering the aforesaid fact and also the
Patna High Court CR. MISC. No.51198 of 2025(4) dt.19-02-2026
2/2
fact that both the petitioners are women and petitioner no.2 is
only aged about 18 years, this application is allowed.
6. Let the petitioners, above named, in the
event of their arrest/surrender within six weeks from today in
the Court below, be released on bail on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned C.J.M., Begusarai,
in connection with Baliya P.S. Case No.40 of 2025, subject to
the conditions as laid down under Section 438(2) of the Code of
Criminal Procedure.
(Sandeep Kumar, J)
pawan/-
U T
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