Patna High Court
Radha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted regular bail to the petitioner, holding that the allegations against her were not substantiated and she is entitled to release on bail.
Summary
Radha Devi, the wife of co-accused Sanjay Khalifa, applied for regular bail in a case registered under Sections 140(4), 61(2), 64, 3(5) of the B.N.S. and Sections 3, 4, 5 of the ITP Act concerning alleged kidnapping and assault of a minor girl. The prosecution alleged that the accused forcibly took the girl on a motorcycle and assaulted her, and two girls were recovered from the accused's house during a raid. The petitioner contended that she was merely present in the house, had no criminal antecedent, and the victims did not implicate her, asserting that the allegations were directed solely at her husband. The State opposed the bail, arguing the seriousness of the offences. After considering the submissions and the lack of incriminating statements against the petitioner, the court ordered that she be released on bail upon furnishing a bail bond of Rs. 10,000 with two sureties, and the application was allowed.
Issues considered
- Whether the petitioner is entitled to regular bail despite the serious nature of the offences alleged under the B.N.S. and ITP Act
- Whether there is sufficient evidence linking the petitioner to the alleged kidnapping and assault to justify denial of bail
Legislation cited
- B.N.S. — s. 140(4), 3(5), 61(2), 64
Subjects
- regular bail
- criminal procedure
- kidnapping
- assault
- co-accused
- women
- B.N.S.
- ITP Act
- bail application
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10180 of 2026
Arising Out of PS. Case No.-447 Year-2025 Thana- BAKHARI District- Begusarai
======================================================
Radha Devi W/O Sanjay Khalifa R/O Village- Nadailghat, P.S.- Bakhari,
District- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Krishna Prabhat, Adv
For the Opposite Party/s : Mr.Ram Bilash Roy Raman, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 28-04-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner has preferred this application for
grant of regular bail in connection with Bakhari P.S. Case No.
447 of 2025 registered for the offences punishable under
Sections 140(4), 61(2), 64,3(5) of the B.N.S. and Sections 3, 4,
5 of the ITP Act.
3. As per the prosecution case, the informant who is a
police officer got an information that a girl has run away from
Nadail Ghat and has come to Salauna Chaiti Durga Mandir and
it has been alleged that Sanjay Khalifa, Radha Devi, Sajan
Kumar had forcibly taken that girl on a motorcycle and had
taken her away towards Nadail Ghat and the said girl was
opposing and all of them were assaulting her and upon raid of
Patna High Court CR. MISC. No.10180 of 2026(3) dt.28-04-2026
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house of Sanjay Khalifa two girls were recovered.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that petitioner happens to
be wife of co-accused Sanjay Khalifa and as per the allegation
and even the statement of the victim girls recorded under
Section 183 of the BNSS, the petitioner was found to be present
in the house when the raid was conducted where the victim girls
were recovered. It has further been submitted that victims were
major ladies and they have not stated anything against the
petitioner and the entire thrust of allegation is against co-
accused Sanjay Khalifa. It has further been submitted that
petitioner is a lady and co-accused Sanjay Khalifa, the husband
of the petitioner is in judicial custody. It has lastly been
submitted that the petitioner has no criminal antecedent and is in
custody since 03.12.2025.
5. Learned APP for the State has vehemently opposed
the prayer for bail of the petitioner.
6. Considering the aforesaid submissions of the
parties and taking into account the facts and circumstance of the
case, let the petitioner above-named, be enlarged on bail on
furnishing bail-bonds of Rs. 10,000/- (Rupees Ten Thousand)
Patna High Court CR. MISC. No.10180 of 2026(3) dt.28-04-2026
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with two sureties of the like amount each to the satisfaction of
learned Court concerned, Bakhari P.S. Case No. 447 of 2025.
7. The application stands allowed.
(Praveen Kumar, J)
niku/-
U T
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