Patna High Court

Baby DeviversusThe State of Bihar

Decided: 3 April 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The Court granted anticipatory bail to the petitioners subject to the stipulated bond and surety conditions.

Summary

The petitioners, Baby Devi and Gopal Paswan, parents of the alleged kidnapper Raushan Kumar, sought anticipatory bail fearing arrest in a case registered under Sections 137(2), 96, 61(2) and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS). The FIR alleged that Raushan Kumar kidnapped a girl with the intention of marrying her, but the victim’s statement, recorded under Sections 180 and 183 of the BNSS, indicated a consensual love relationship with Raushan and made no incriminating remarks against the petitioners. The State opposed the bail on the basis of the FIR allegations. The Court, after considering the facts and the petitioners’ relationship to the main accused, granted anticipatory bail subject to a bond of Rs.10,000 each with two sureties, to be filed within four weeks, and conditioned on Sections 438(2) of the Cr.P.C. and 482(2) of the BNSS. The order ensures the petitioners’ release if arrested, while preserving the investigation’s integrity.

Issues considered

Whether the petitioners are entitled to anticipatory bail under Section 438 of the Cr.P.C. in view of the allegations in the FIR.
Whether the conditions imposed under Section 482(2) of the BNSS are appropriate to prevent misuse of the bail order.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 137(2), 180, 183, 3(5), 482(2), 61(2), 96
Code of Criminal Procedure, 1973 — s. 438(2)

Subjects

anticipatory bail
kidnapping
love relationship
Section 438 Cr.P.C.
Section 482 BNSS
Bharatiya Nagarik Suraksha Sanhita
bail conditions
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17724 of 2026
                    Arising Out of PS. Case No.-7 Year-2026 Thana- LAKHISARAI District- Lakhisarai
                 ======================================================
           1.     Baby Devi W/O Gopal Paswan Resident of Village- Lodiya, Balupar, P.S.
                  and District-Lakhisarai.
           2.    Gopal Paswan Son of Late Ramswarup Paswan. Resident of Village-
                 Lodiya, Balupar, P.S. and District-Lakhisarai.
                                                                ... ... Petitioner/s
                                                     Versus
           1.    The State of Bihar
           2.     Mithlesh Mandal Son of Dinesh Mandal Resident of Village- Lodiya,
                  Balupar, P.S. and District- Lakhisarai.
                                                               ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Mayank Bilochan
                 For the Opposite Party/s :       Mr.Yogendra Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   03-04-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Sections 137(2), 96,

                   61(2) and 3(5) of the B.N.S.

                                3. The allegation in the First Information Report is

                   that co-accused, Raushan Kumar kidnapped the daughter of the

                   informant with intention to marry her.

                                4. Learned counsel for the petitioners submits that the

                   present case arose out of love relationship between the victim

                   and the son of these petitioners, however, the victim was

                   recovered during the course of investigation and in her

                   statement recorded under Sections 180 and 183 of the B.N.S.S.,
            Patna High Court CR. MISC. No.17724 of 2026(2) dt.03-04-2026
                                                        2/2




                      she had stated nothing with respect to the petitioners and had

                      rather supported her love affair with the co-accused, Raushan

                      Kumar.

                                   5. Learned APP for the State opposed the prayer for

                      anticipatory bail on the basis of allegations made in the First

                      Information Report.

                                   6.    Taking      into     consideration   the     facts   and

                      circumstances and considering the fact that the petitioners

                      happen to be the mother and the father of the main accused,

                      Raushan Kumar with whom the victim is said to have love

                      relationship, let the above named petitioners, be released on

                      bail, in the event of their arrest or surrender before the learned

                      Court below within a period of four weeks from today, on

                      furnishing bail bond 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 Lakhisarai P.S. Case No. 07 of 2026,

                      subject to the condition as laid down under Section 438 (2) of

                      the Cr.P.C/ Section 482 (2) of the Bharatiya Nagarik Suraksha

                      Sanhita (BNSS), 2023.


                                                              (Soni Shrivastava, J)
anand/-
U       T

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