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Patna High Court

Nirmala DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that in the absence of specific allegations against the petitioners and given their clean antecedent, anticipatory bail may be granted subject to statutory conditions.

Summary

The petitioners, Nirmala Devi and Bitto Kumar, sought anticipatory bail fearing arrest in a kidnapping case involving a minor, filed under Section 96 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and Sections 8 and 12 of the POCSO Act. The prosecution alleged that the minor daughter of an informant was kidnapped by the accused, including the petitioners, and that the informant was threatened when he sought the return of his daughter. The petitioners contended that they were falsely implicated, had no specific allegations against them in the victim's statement, and possessed clean antecedents, with the victim naming only other co‑accused. The State opposed the anticipatory bail. Considering the lack of direct allegation, the petitioners' clean record, and the circumstances, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 96 of the BNSS and the POCSO Act.
  • Whether the prosecution has sufficient material to justify denial of bail.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • POCSO Act
  • BNSS
  • clean antecedent
  • minor
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.1859 of 2026
                   Arising Out of PS. Case No.-433 Year-2024 Thana- RUNISAIDPUR District- Sitamarhi
                 ======================================================
           1.     Nirmala Devi W/o Ramsanjog Rai @ Ram Sanyog Rai, Resident of Village -
                  Ward No.- 10,Tikauli, P.S- Runnisaidpur, Distt.- Sitamarhi.
           2.    Bitto Kumar @ Bikku Kumar @ Bittu Kumar S/o Ramsanjog Rai @ Ram
                 Sanyog Rai, Resident of Village - Ward No.- 10,Tikauli, P.S- Runnisaidpur,
                 Distt.- Sitamarhi.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar.
           2.    X Son of Y Resident of - Tikauli, P.S.- Runnisaidpur, District- Sitamarhi

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Ayush Kumar, Advocate.
                                                  Mr. Bhuwan Jayant, Advocate.
                 For the State           :        Mr. Binod Kumar, A.P.P.
                 For the O.P. No.2       :        Mr. Shalini, Advocate.
                                                  Mr. Sanjeev Kumar Sharma,
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

3   06-04-2026                   1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                 2. The petitioners apprehend their arrest in connection

                   with Runnisaidpur P.S. Case No.433 of 2024 instituted under

                   Sections 96 of the B.N.S., 2023 and under Section 8, 12 of the

                   POCSO Act.

                                 3. As per the prosecution case, the minor daughter of

                   the informant was kidnapped by the accused persons including

                   the petitioners. It is alleged that when informant went to the

                   house of accused Sanjay Rai, they abused him and threaten of
Patna High Court CR. MISC. No.1859 of 2026(3) dt.06-04-2026
                                            2/3




          dire consequences and also refused to return his daughter.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have falsely been implicated in this

          case only on the basis of suspicion. He further submits that there

          is no specific allegation against the petitioners. Learned counsel

          submits that as per the medical report, the age of the victim is

          estimated between 15–17 years. The victim in her statement

          recorded under Section 183 of the BNSS has made specific

          allegation against the co-accused Sanjay Rai, Akhilesh Rai and

          Mrityunjay Kumar. Co-accused Sanjay Rai is already in judicial

          custody. Learned counsel submits that the victim in her

          statement has not made any allegation against the petitioners.

          He further submits that petitioner no.1 is sister-in-law and

          petitioner no.2 is nephew of the co-accused Sanjay Rai. Learned

          counsel submits that petitioner no.1 is lady and petitioner no.2 is

          a young boy of 21 years, they having got clean antecedent and

          they undertake to cooperate in the investigation and trial of the

          case.

                       5. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail.

                       6. Considering the facts and circumstances of the

          case, submissions of learned counsel for the parties and the
              Patna High Court CR. MISC. No.1859 of 2026(3) dt.06-04-2026
                                                          3/3




                        nature of allegation against the petitioners as well as their clean

                        antecedent and also the fact that petitioner no.2 is a young boy

                        of 21 years, in the event of arrest or surrender before the Court

                        below within six weeks from today, the petitioners be released

                        on bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten

                        Thousand) each with two sureties of the like amount to each to

                        the satisfaction of the learned Additional Sessions Judge-VI-

                        cum-Special Judge (POCSO Act), Sitmarhi/ concerned Court in

                        connection with Runnisaidpur P.S. Case No.433 of 2024, subject

                        to the conditions laid down in Section 482(2) of the Bharatiya

                        Nagarik Suraksha Sanhita, 2023.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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