Patna High Court
Rajesh Sharma @ Ranjesh SharmaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail to the petitioners under Section 482(2) of the B.N.S.
Summary
The petitioners, Rajesh Sharma and Leela Devi, sought anticipatory bail after being implicated in a kidnapping case under Sections 137(2), 140(3) and 3(5) of the B.N.S. The informant alleged that her daughter had been kidnapped by the accused, but the petitioners contended they were innocent neighbours with no involvement. The prosecution could not demonstrate how the petitioners were linked to the alleged crime, and the petitioners presented clean antecedents. The State and the informant opposed the bail, arguing the seriousness of the accusations. Considering the lack of substantive evidence, the general nature of the accusation, and the petitioners' clean records, the court allowed anticipatory bail under Section 482(2) of the B.N.S., setting a bail bond of Rs.10,000 with two sureties each, for a period of eight weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners accused under Sections 137(2), 140(3) and 3(5) of the B.N.S.
- Whether the prosecution has established a prima facie case linking the petitioners to the alleged kidnapping
- Whether the petitioners' clean antecedents justify the grant of anticipatory bail
Legislation cited
- B.N.S. — s. 137(2), 140(3), 3(5), 482(2)
Subjects
- anticipatory bail
- kidnapping
- false implication
- clean antecedents
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1340 of 2026
Arising Out of PS. Case No.-318 Year-2025 Thana- MADHEPURA District- Madhepura
======================================================
1. Rajesh Sharma @ Ranjesh Sharma S/o Bilash Sharma Resident of Village-
Sukhasan Chakla, Ward No. 04, P.S.- Madhepura, District- Madhepura
2. Leela Devi W/o Rajesh Sharma @ Ranjesh Sharma Resident of Village-
Sukhasan Chakla, Ward No. 04, P.S.- Madhepura, District- Madhepura
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rukaiya Devi W/o Dinesh Sada Resident of Village- Sukhasan Chakla Ward
No.4, P.S.- and District- Madhepura
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Nafisu Zzoha, Advocate
For the State : Mr. Nawal Kishore Prasad, APP
For the Informant : Mr. Praveen Kumar Agrawal, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
4 22-04-2026 Heard learned counsel appearing on behalf of the
petitioners, learned APP appearing on behalf of the State and
learned counsel appearing on behalf of the informant.
2. In compliance of the order dated 08.04.2026, the
Investigating Officer of this case is present in the Court today.
3. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 137(2),
140(3) and 3(5) of the B.N.S..
4. As per prosecution case, on 09.03.2025 at about 6
PM, when informant returned to her house after cutting grass,
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she found her daughter missing. Upon search, informant came
to know that all the F.I.R. named accused persons, including
these petitioners, have kidnapped daughter of informant.
5. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners are husband and wife
and have got no concern with the alleged occurrence. In the
F.I.R., the informant has not disclosed as to how she came to
know that these petitioners are involved in kidnapping of her
daughter. Petitioners are neighbours of informant and have
falsely been implicated in this case. Moreover, the victim is
living in Raibareli and has already solemnized marriage with
another person. Petitioners claim clean antecedents.
6. Learned A.P.P. for the State and learned counsel for
the informant have vehemently opposed the prayer for grant of
anticipatory bail to the petitioners.
7. Considering the facts and circumstances of the
case, general and omnibus nature of accusation, materials that
have surfaced during investigation and clean antecedents of the
petitioners, the prayer for grant of anticipatory bail to the
petitioners is allowed.
8. Accordingly, in the event of arrest/surrender within
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a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned C.J.M., Madhepura in
connection with Madhepura P.S. Case No. 318 of 2025, subject
to condition as laid down under Section 482(2) of the B.N.S.S..
9. Physical appearance of the Investigating Officer is
hereby dispensed with.
(Prabhat Kumar Singh, J)
shashank/-
U T
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