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Patna High Court

Usha DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners as they have no specific role in the alleged offence and lack criminal antecedent.

Summary

The petitioners, comprising the mother, father and two brothers of Vishnu Rajak, sought anticipatory bail fearing arrest in a case (PS Nathnagar‑Madhusudanpur, Case No. 319 of 2022) filed under Sections 366A and 34 of the Indian Penal Code for allegedly kidnapping a minor girl for marriage. The prosecution alleged that Vishnu Rajak abducted the girl and took her to Gujarat, where she was later recovered. The petitioners argued they have no criminal antecedent and no specific role in the alleged offence, contending that the alleged relationship between the boy and girl was consensual and later dissolved under family pressure. The court noted that the FIR specifically implicated only Vishnu Rajak, and there was no evidence linking the petitioners to the crime. Consequently, the court granted anticipatory bail to the petitioners, subject to conditions under Section 438(2) of the CrPC, including furnishing bail bonds, cooperation with investigation, regular court appearances, and non‑interference with witnesses.

Issues considered

  • Whether the petitioners, who are family members of the accused, are liable to be arrested in connection with the kidnapping of a minor under Sections 366A and 34 IPC.
  • Whether anticipatory bail can be granted to the petitioners in the absence of any specific incriminating role.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping of minor
  • child marriage
  • IPC 366A
  • CrPC 438
  • family members
  • bail conditions
  • investigation cooperation

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10394 of 2026
                   Arising Out of PS. Case No.-319 Year-2022 Thana- NATHNAGAR District- Bhagalpur
                 ======================================================
           1.     Usha Devi W/o Niti Lal @ Nitilal Rajak R/o Village - Dighi, P.S -
                  Madhusudanpur, District - Bhagalpur
           2.    Nitilal Rajak @ Niti Lal S/o Late Mohan Rajak R/o Village - Dighi, P.S -
                 Madhusudanpur, District - Bhagalpur
           3.    Fantus Rajak S/o Niti Lal @ Nitilal Rajak R/o Village - Dighi, P.S -
                 Madhusudanpur, District - Bhagalpur
           4.    Vikash Rajak S/o Niti Lal @ Nitilal Rajak R/o Village - Dighi, P.S -
                 Madhusudanpur, District - Bhagalpur

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar Bihar
           2.    Patel Bharti S/o late Bhuto Yadav, Vill- Dighi, P.S.- Madhusudanpur, Distt-
                 Bhagalpur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rajive Ranjan Singh, Advocate
                 For the Opposite Party/s :      Mr.Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

4   17-06-2026                  Heard the parties.

                                2. The petitioners are apprehending arrest in

                   connection with Nathnagar(Madhusudanpur) P.S. Case No. 319

                   of 2022 instituted under Section 366A, 34 of the Indian Penal

                   Code lodged on 16.05.2022 by the informant, Patel Bharti.

                                3. As per the prosecution story, the informant alleged

                   that her minor daughter went to attend the marriage ceremony

                   but failed to return. Later, it came to notice that Vishnu Rajak

                   has kidnapped her for the purpose of marriage and the role of
Patna High Court CR. MISC. No.10394 of 2026(4) dt.17-06-2026
                                            2/4




          the family members cannot be ignored. This led to the F.I.R.

                       4. Learned counsel for the petitioners submit that

          admittedly, there is allegation against Vishnu Rajak. They are

          family members inasmuch as while the petitioner nos. 1 and 2

          are aged mother and father respectively, the petitioner nos. 3

          and 4 are brothers, they do not have criminal antecedent and

          actually, the boy and girl were in relationship but later due to

          family pressure, the FIR.

                       5. Learned APP opposes the prayer submitting that the

          girl under section 183 of the BNSs has made allegation so far as

          Vishnu Rajak is concerned. Further, the statement also records

          that the family members were also there.

                       6. In this case, notice was issued to opposite party

          no.2 and the office notes record that it has been validly served

          upon him.

              7. This Court has taken note of the submissions of the parties

          as also the fact that the girl chose not to go for the medical

          examination. The allegation mainly is against Vishnu Rajak of

          having taken her away to Gujarat from where she was recovered

          after the family members reached there. He will have to face the

          music. So far as these family members are concerned, taking

          into account the aforesaid facts as also             no   specific role
Patna High Court CR. MISC. No.10394 of 2026(4) dt.17-06-2026
                                            3/4




          have been assigned to them nor they do                     not have criminal

          antecedent, in that background, this Court is inclined to extend

          them the privilege of anticipatory bail.

                       8. Let the petitioners be released on bail, in the event

          of their arrest or surrender before the concerned court within a

          period of four weeks from the receipt of this order, on furnishing

          bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties

          of     the      like     amount         each         in   connection   with

          Nathnagar(Madhusudanpur) P.S. Case No. 319 of 2022 to the

          satisfaction of learned Exclusive Special POCSO Court cum

          District & Additional Sessions Judge-VI, Bhagalpur subject to

          the conditions as laid down under Section 438(2) of the Cr.P.C.

          as also the other conditions.

                       (i) one of the bailor should be the family

          member/relative of the petitioners who shall provide official

          document (Aadhar Card/Driving License/Voter ID/Pan Card

          etc.) to show his/her bona fide;

                       (ii) The petitioners shall be appearing before the

          police station as and when required for cooperating in the

          investigation;

                       (iii) the petitioners shall appear on each and every

          date before the Trial Court and failure to do so for two
           Patna High Court CR. MISC. No.10394 of 2026(4) dt.17-06-2026
                                                       4/4




                     consecutive       dates     without      plausible   reason   will   entail

                     cancellation of their bail bond by the Trial Court itself;

                                  (iv) the petitioners shall in no way try to induce or

                     promise or threat the witnesses or tamper with the evidences,

                     failing which the State shall be at liberty to take steps for

                     cancellation of the bail bonds;

                                  (v) the petitioners shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                    (Rajiv Roy, J)
Ravi/Shivangi

U      T


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