Patna High Court
Pratiksha KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
Anticipatory bail is granted to the petitioner subject to the conditions prescribed under Section 482(2).
Summary
The petitioner, Pratiksha Kumari, sought anticipatory bail fearing arrest in a case (PS No. 388 of 2024) involving alleged offences under Sections 137(2) and 140(2) of the Bharitya Nagrik Suraksha Sanhita concerning a missing school‑boy. The prosecution alleged her involvement, while she claimed innocence, no criminal antecedent, and that she was merely the wife of a co‑accused already in custody. The State opposed the bail, arguing the seriousness of the allegations. The court examined the nature of the accusations, the petitioner’s lack of prior record, and the statutory power under Section 482(2) to grant anticipatory bail. It ordered that if arrested within six weeks, she be released on bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2). The application for anticipatory bail was allowed.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita in the present case.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 137(2), 140(2), 482(2)
Subjects
- anticipatory bail
- Section 482
- criminal procedure
- Bharitya Nagrik Suraksha Sanhita
- bail bond
- pre‑emptive release
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18081 of 2026
Arising Out of PS. Case No.-388 Year-2024 Thana- RAJIVNAGAR District- Patna
======================================================
Pratiksha Kumari Wife of Ankesh Aman Resident of A-4 2920/290 Netaji
Subhash Marg, Jai Prakash Nagar, Ashiana Nagar, P.S.- Rajeev Nagar,
District- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Soni Kumari, Adv
For the Opposite Party/s : Mr. Md. Mushtaque Alam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 18-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The Petitioner is apprehending his arrest in
connection with Rajeev Nagar P.S. Case No. 388 of 2024
registered for the offences punishable under Sections 137(2) and
140(2) of the B.N.S.
3. As per the prosecution case, informants son aged
about 13 years went missing from the school. It has been alleged
that the informant got an information from the school that he
was not attending the school on that very day.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has been further submitted that the petitioner is not
Patna High Court CR. MISC. No.18081 of 2026(3) dt.18-05-2026
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named in the FIR, and it was suspected that petitioner who
happens to be the wife of co-accused Ankesh Aman was
involved in the present occurrence. It has further been submitted
that co-accused Ankesh Aman, the husband of petitioner is in
judicial custody. It has been further submitted that petitioner has
got no criminal antecedent.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation against the
petitioner, let the above named petitioner, in the event of his
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
in connection with Rajeev Nagar P.S. Case No. 388 of 2024,
subject to the conditions as laid down under Section 482(2) of
the Bharitya Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
niku/sahil- (Praveen Kumar, J)
U T
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