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Patna High Court

Priti KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioner is entitled to anticipatory bail under Section 438(2) of the CrPC, subject to the stipulated conditions.

Summary

Priti Kumari, a woman with a clean record, feared arrest in a case registered under Sections 366(A) and 34 of the IPC, alleging she was falsely implicated by an informant who is the maternal aunt of Sachin, accused of eloping with the informant's minor daughter. The petitioner sought anticipatory bail, arguing the allegations were fabricated and that an earlier anticipatory bail order had been granted to Sachin. The State and the informant opposed the bail. The court examined the submissions and the earlier order, and concluded that the petitioner was eligible for anticipatory bail. Accordingly, the court ordered that, if arrested within six weeks, the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.5,000 with two sureties, subject to conditions under Section 438(2) of the CrPC.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail under Section 438 of the CrPC in a case under IPC Sections 366(A) and 34.
  • Whether the alleged false implication by the informant warrants denial of anticipatory bail.
  • Whether the earlier anticipatory bail order granted to Sachin influences the petitioner's bail application.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • IPC 366A
  • CrPC 438
  • bail conditions
  • women
  • minor

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18752 of 2026
                     Arising Out of PS. Case No.-190 Year-2024 Thana- KHIJARSARAI District- Gaya
                 ======================================================
                 Priti Kumari Wife of Gautam Kumar Resident of Village - Lodipur, P.S.
                 Khijarsarai, District - Gaya.

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    Sandeep Kumar Son of Late Surendra Singh Resident of Village - Lodipur,
                 P.S. Khijarsarai, District - Gaya.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Savitesh Kumar, Adv.
                 For the Opposite Party/s :      Mr. Ashok Kumar Singh, APP
                 For the Informant        :      Mr. Rupesh Kumar, Adv.
                                                 Ms. Laxmi Kumari, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-04-2026                  1. Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and the learned counsel appearing on behalf

                   of the informant.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offences punishable under Sections 366(A)

                   and 34 of the Indian Penal Code.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman and

                   has been falsely implicated in the instant case by the informant

                   being maternal aunt of Sachin against whom it is alleged that he

                   eloped with the minor daughter of the informant with an intent

                   to marry. It is next submitted that Sachin had approached this
             Patna High Court CR. MISC. No.18752 of 2026(2) dt.02-04-2026
                                                         2/2




                       Court seeking anticipatory bail by filing Cr. Misc. No.81631 of

                       2024 and the same came to be allowed by an order dated

                       02.12.2024 passed by a learned coordinate Bench

                                    4. Learned A.P.P. for the State and the learned counsel

                       appearing on behalf of the informant opposes the prayer for

                       anticipatory bail of the petitioner.

                                    5. Considering the submissions made by the learned

                       counsel for the petitioner and also taking into consideration the

                       order dated 02.12.2024 in Cr. Misc. No.81631/2024, the

                       petitioner above-named, in the event of her arrest or surrender

                       within a period of six weeks from today, be released on

                       anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees

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

                       satisfaction of the learned trial court where the case is

                       pending/successor court in connection with Khijarsarai P.S.

                       Case No.190/2024, subject to the conditions as laid down under

                       Section 438 (2) of the Cr.P.C.



                                                 (Satyavrat Verma, J)
amit/-

U        T


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