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Patna High Court

Dona Devi @ Dauna DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners with conditions, holding that the mere mention in confessional statements does not warrant denial of bail.

Summary

The petitioners, Dona Devi and Sanita Kumari, sought anticipatory bail fearing arrest in a case (Raghopur P.S. Case No. 277 of 2025) concerning the alleged kidnapping and possible murder of a child. The FIR listed offences under Sections 126(2), 127(2), 115(2), 109, 140(1) and 238 of the B.N.S., but the petitioners were not named therein; their names appeared only in the confessional statements of co‑accused. The petitioners argued that no specific role was assigned to them, the confessional statements lack evidentiary value, and they have a clean antecedent. The State opposed the anticipatory bail. The Court, after considering the submissions, granted anticipatory bail subject to conditions under Section 438(2) CrPC read with Section 482(2) BNSS, including bail bonds, sureties, personal presence at trial, and verification of antecedents. The order clarified that any observations made would not affect the trial.

Issues considered

  • Whether anticipatory bail can be granted to persons not named in the FIR but mentioned in confessional statements of co‑accused
  • Whether the confessional statements alone suffice to justify denial of bail under Section 438 CrPC

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • confessional statement
  • FIR
  • bail conditions
  • criminal antecedent
  • female accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.11834 of 2026
                      Arising Out of PS. Case No.-277 Year-2025 Thana- RAGHOPUR District- Supaul
                 ======================================================
           1.     Dona Devi @ Dauna Devi Wife of Late Jamadar Sada Resident of village -
                  Koriyapatti, Ward No.- 04, Police Station - Raghopur, District - Supaul
           2.    Sanita Kumari @ Sanita Devi Wife of Surjeet Sada @ Hathkatta Resident of
                 village - Koriyapatti, Ward No.- 04, Police Station - Raghopur, District -
                 Supaul

                                                                                  ... ... Petitioner/s

                                                       Versus

                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arun, Adv.
                 For the Opposite Party/s :       Mr.Amitesh Kumar,APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   26-02-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Raghopur P.S. Case No. 277 of 2025 dated 15.07.2025

                   registered for the offences punishable under Sections 126(2),

                   127(2), 115(2), 109, 140(1) and 238 of the B.N.S.

                                3. As per the prosecution case, the informant has

                   alleged that the named accused persons had called and taken away

                   the son of the informant, who did not return. The F.I.R. was
Patna High Court CR. MISC. No.11834 of 2026(2) dt.26-02-2026
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          lodged with such report that his son was missing and he had

          apprehension that his son might have been killed.

                       4. The learned counsel for the petitioners submits that

          the petitioners were not named in the F.I.R. and during the course

          of investigation, the name of the petitioners surfaced in the

          confessional statement of the apprehended co-accused persons. It

          has further been submitted that even though the statement has

          taken into account, the only allegation is that they were in

          connivance with the said accused persons. However, no specific

          role has been assigned to these petitioners who are apparently

          ladies. It has next been submitted that there is nothing on record

          to suggest that the petitioners were involved in any manner

          barring the confessional statement, which does not have

          evidentiary value. It has lastly been submitted that the petitioners

          have clean antecedent.

                       5. The learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioners.

                       6. Considering the aforesaid submissions made by the

          parties and taking into account the facts and circumstances of the

          case, the petitioners above named, are directed to be released on

          anticipatory bail, in the event of arrest or surrender before the

          Court below within a period of four weeks from today, on
Patna High Court CR. MISC. No.11834 of 2026(2) dt.26-02-2026
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          furnishing bail-bonds of Rs. 10,000/-(Rupees 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 Raghopur P.S. Case No. 277 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

          BNSS as well as subject to the following conditions:-

                       (i) One of the bailors will be a close relative of the

          petitioners.

                       (ii) The petitioners shall remain physically present

          before the concerned Court on each and every date of the trial and

          shall cooperate in the investigation.

                       (iii) In case of absence on two consecutive dates or in

          violation of the terms of the bail, the bail bonds of the petitioners

          will be liable to be cancelled by the Court concerned.

                       (iv) The trial court shall verify the criminal antecedent

          of the petitioners and in case, at any stage, it is found that the

          petitioners have concealed their criminal antecedents, the trial

          court shall take necessary steps for cancellation of bail bonds 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.
           Patna High Court CR. MISC. No.11834 of 2026(2) dt.26-02-2026
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                                  7. It is made clear that the observations, if any, made in

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

                                  8. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-

U     T


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