Patna High Court
Kanchan Kumari @ Kanchan DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner, holding that the conditions for Section 438 CrPC were satisfied.
Summary
The petitioner, Kanchan Kumari, sought anticipatory bail in a case alleging kidnapping, abduction, and sexual exploitation of a minor under IPC sections 363, 365, 366A and 34. The FIR alleged that she, along with her brothers, abducted the girl for marriage and that the brothers later sexually assaulted her. The petitioner contended she was falsely implicated because she is the sister of the co‑accused and that she merely asked her brothers to hide the victim, with no evidence that she participated in the kidnapping or exploitation. The victim’s statement under Section 164 CrPC did not name the petitioner as a participant. Considering the petitioner’s young age, lack of prior criminal record, and the nature of the allegations, the court exercised its power under Section 438(2) CrPC and Section 482(2) of the BNSS, 2023 to grant anticipatory bail. The bail was conditioned on a bond of Rs.10,000 with two sureties and surrender within four weeks.
Issues considered
- Whether the petitioner is liable under IPC sections 363, 365, 366A and 34 for the alleged kidnapping and sexual exploitation.
- Whether anticipatory bail under Section 438 CrPC is appropriate given the nature of the allegations and the petitioner’s personal circumstances.
- Whether the petitioner’s alleged role, as merely advising her brothers, warrants denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 164, 438(2)
- Indian Penal Code — s. 34, 363, 365, 366A
Subjects
- anticipatory bail
- kidnapping
- sexual exploitation
- minor
- IPC
- CrPC
- bail conditions
- false implication
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12697 of 2026
Arising Out of PS. Case No.-144 Year-2022 Thana- RANIGANJ District- Araria
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Kanchan Kumari @ Kanchan Devi D/o Kailu Yadav @ Jagat Narayan Yadav
W/o Akhilesh Kumar R/o Village - Shankarpur Ward No. 01, P.S - Bhargama,
District - Araria At present R/o Village - Khajuri Ward No. 05, P.S -
Bhargama, District - Araria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Mukesh Kumar Rana, Advocate
For the State : Mr. Pramod Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 25-03-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Raniganj Police Station Case No. 144 of 2022,
disclosing offences under Sections 363, 365, 366A/34 of the
IPC.
3. As per the FIR, on 21.04.2022 at 07:30 pm, the
minor daughter of the informant was kidnapped by the
petitioner along with other co-accused persons for the purpose
of marriage.
4. Learned Counsel for the petitioner submits that
the petitioner has falsely been implicated in the present case
merely because she happens to be sister of the co-accused
Patna High Court CR. MISC. No.12697 of 2026(2) dt.25-03-2026
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persons, namely, Awadhesh Yadav and Bhavesh Yadav. The girl
was recovered and her statement was recorded under Section
164 of the Cr.P.C., in which she has stated that four persons
came at the her house out of whom, she identified Anil Jha and
Santosh Mehta and stated that they forcibly lifted her and closed
her mouth. On the way, co-accused Awadhesh Yadav and
Bhavesh Yadav also joined them and brought her to their house.
The family members of the Bhavesh Yadav and Awadhesh
Yadav was saying to get rid of her to protect themselves as the
FIR had been lodged. The accused persons took her to
Faridabad via Forbesganj. Awadhesh Yadav, Bhavesh Yadav and
Santosh Mehta sexually exploited her for two days and left from
there leaving her with Anil Jha. After two and a half months, she
came to know that she became pregnant due to sexual
exploitation and after that Anil Jha, leaving behind her, fled
away. She called her parents on another mobile and returned
from there.
5. It has further been submitted that the petitioner is
sister of Awadhesh Yadav and Bhavesh Yadav and only
allegation against her that she asked her brothers to hide the
victim to protect themselves. The victim, in her statement
recorded under Section 164 Cr.P.C., has not stated that the
Patna High Court CR. MISC. No.12697 of 2026(2) dt.25-03-2026
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petitioner also accompanied the accused persons to Faridabad
where she was kept and sexually exploited. The petitioner is a
young girl aged about 21 years having no criminal antecedent.
6. Having regard to the submissions made on
behalf of the parties and taking into consideration the nature of
allegation against the petitioner and also the fact that she is a
young girl of 21 years of age having no criminal antecedent, I
am inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of
her arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate-1st, Araria, in connection with Raniganj Police
Station Case No. 144 of 2022, subject to the condition laid
down under Section 438 (2) of the Code of Criminal
Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J)
priyanka/-
U T
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