Patna High Court
Priti KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 34, 366A
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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