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Patna High Court

Mosmat Uma Devi @ Musmat Uma DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed the petitioners' anticipatory bail, subject to specified conditions.

Summary

Mosmat Uma Devi and her son Mahesh Yadav applied for anticipatory bail in connection with a case alleging they aided the elopement of a minor girl with Arun Yadav, their son/brother. The prosecution claimed the petitioners threatened the informant and concealed the victim's whereabouts, while the petitioners asserted they were unaware of the elopement and the victim later stated she went of her own free will. An earlier bail order was set aside because the petitioners' criminal antecedent was not disclosed. The court examined whether the allegations and prior criminal record justified denial of anticipatory bail under Section 438 of the Bharatiya Nyaya Sanhita, 2023. Considering the victim's statement and lack of direct involvement, the court granted anticipatory bail with stringent conditions, including surety, personal appearance, and verification of antecedents.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 of the Bharatiya Nyaya Sanhita, 2023 despite allegations of involvement in the elopement and a prior criminal antecedent.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438
  • Bharatiya Nyaya Sanhita
  • criminal antecedent
  • minor elopement
  • bail conditions
  • West Champaran

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11699 of 2026
                  Arising Out of PS. Case No.-185 Year-2025 Thana- SRINAGAR District- West Champaran
                 ======================================================
           1.     Mosmat Uma Devi @ Musmat Uma Devi, W/O Late Madan Yadav, R/O
                  Village- Ranaha Ghorahiya, Police Station - Sirisiya, District - West
                  Champaran
           2.    Mahesh Yadav @ Muklesh Yadav, S/O Late Madan Yadav, R/O Village -
                 Ranaha Ghorahiya, Police Station - Sirisiya, District - West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sarvesh Kashyap, Advocate
                 For the Opposite Party/s :       Mr. Ram Naresh Ray, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   25-02-2026                  This is the second attempt of the petitioner for grant

                   of anticipatory bail.

                                2. Earlier, vide order dated 15.01.2026, the petitioners

                   were granted bail by this Court in Cr. Misc. No. 85330 of 2025.

                   It has been submitted that due to inadvertence the criminal

                   antecedent of the petitioners could not be disclosed earlier and

                   hence the bail bonds of the petitioners were not accepted by the

                   learned Trial Court.

                                3. Heard the learned counsel for the parties.

                                4. Petitioners apprehend their arrest in connection

                   with Shrinagar P.S. Case No. 185 of 2025 registered for the

                   offences under Sections 137(2), 96, 351(2) and 3(5) of the
Patna High Court CR. MISC. No.11699 of 2026(2) dt.25-02-2026
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          Bharatiya Nyaya Sanhita, 2023.

                       5. As per the prosecution case, the informant has

          alleged that his minor daughter had gone to attend the call of

          nature and it is alleged that the co-accused namely Arun Yadav

          made her sit on a motorcycle and both fled away. It has further

          been alleged that when the informant went to the house of Arun

          Yadav, his mother and brother (petitioners) abused him and

          threatened him to go away.

                       6. The learned counsel for the petitioners submit that

          petitioners are innocent and have falsely been implicated in this

          case and they have no concern whatsoever with the elopement

          of the informant’s daughter with the said Arun Yadav, who

          happens to be the son and brother of the petitioners respectively.

          It has further been submitted that the petitioner no. 1 is a widow

          and the petitioner no. 2 is her son and they were not aware of

          the elopement of the said Arun Yadav along with the victim. It

          has further been submitted that when the impugned order was

          passed, the victim was traceless but the victim has been traced

          and her statement has been recorded by the police wherein she

          has not alleged any specific overt act against these petitioners

          and she has also stated that she had gone with Arun Yadav out of

          her own sweet will. It has lastly been submitted that the
Patna High Court CR. MISC. No.11699 of 2026(2) dt.25-02-2026
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          petitioners have one criminal antecedent bearing Srinagar P.S.

          Case No. 82 of 2020 in which they are on bail.

                       7. The learned A.P.P. for the State and learned counsel

          for the informant have vehemently opposed the prayer for

          anticipatory bail of the petitioners and submitted that these

          petitioners were hand in gloves with the said Arun Yadav and

          they had deliberately not disclosed the whereabouts of the

          victim and despite being given chance to trace the victim along

          with their son and brother respectively, they did not help in

          investigation and therefore the bail application should not be

          entertained.

                       8. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties, let the

          petitioners above named be released on anticipatory bail, in the

          event of arrest or surrender before the learned Court below

          within a period of four weeks from today, on furnishing bail

          bonds of Rs.10,000/-(ten thousand) each with two sureties of the

          like amount each to the satisfaction of the learned Court below

          where the case is pending/successor court in connection with

          Shrinagar P.S. Case No. 185 of 2025, subject to the conditions

          as laid down under Section 438(2) of the Code of Criminal

          Procedure read with corresponding Section 482(2) of B.N.S.S.
              Patna High Court CR. MISC. No.11699 of 2026(2) dt.25-02-2026
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                        as well as subject to the following conditions:-

                                        (i) One of the bailors of the petitioners shall be their
                                        close relative.
                                        (ii) The petitioners shall remain physically present in
                                        Court on each date of the trial.
                                        (iii) In case of absence on two consecutive dates, or in
                                        violation of the terms of the bail, the bail bond of the
                                        petitioners will be liable to be cancelled by the Court
                                        concerned.
                                        (iv) If the petitioners are found involved in similar
                                        nature of offence in future, the prosecution shall be at
                                        liberty to move for cancellation of their bail bond.
                                        (v) The learned Court below shall verify the criminal
                                        antecedent of the petitioners and in case at any stage it
                                        is found that the petitioners have concealed their
                                        criminal antecedent, the court below shall take step for
                                        cancellation of bail bond of the petitioners. However,
                                        the acceptance of bail bonds in terms of the above-
                                        mentioned order shall not be delayed for purpose of or
                                        in the name of verification.

                                     9. Accordingly, the prayer for anticipatory bail is

                        allowed.

                                     10. It is made clear that the observation, if any, made

                        in this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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