Patna High Court
Usha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 34, 366A
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
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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
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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
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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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