Patna High Court
Pratima KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court allowed the petitioners' prayer for anticipatory bail.
Summary
The petitioners, who are relatives of the informant's son, sought anticipatory bail fearing arrest in a case registered under Section 137(2) of the B.N.S. for alleged kidnapping of the informant's son, stemming from a matrimonial dispute. The prosecution alleged that the petitioners, being in-laws, participated in the kidnapping. The petitioners contended they were falsely implicated to retaliate against a separate case filed by the wife against the informant, and asserted their clean antecedents. The State opposed the anticipatory bail. Considering the relationship between the parties, the lack of prior criminal record, and the possibility of false implication, the High Court granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S. in a case under Section 137(2) of the B.N.S.
- Whether the petitioners are likely to be falsely implicated in the kidnapping allegation.
Legislation cited
Subjects
- anticipatory bail
- Section 137
- Section 482
- false implication
- matrimonial dispute
- kidnapping
- clean antecedents
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19924 of 2026
Arising Out of PS. Case No.-248 Year-2025 Thana- BARAULI District- Gopalganj
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1. Pratima Kumari D/O Swaminath Manjhi, W/O Deepu Manjhi @ Deepu
Suman @ Deepu Kumar R/O Vill- Majhwalia, P.O- Bhagwanpur, P.S-
Manjhagarh, Dist- Gopalganj, PIN Code- 841428.
2. Kamlawati Devi W/O Swaminath Manjhi R/O Vill- Majhwalia, P.O-
Bhagwanpur, P.S- Manjhagarh, Dist- Gopalganj, PIN Code- 841428.
3. Swaminath Manjhi S/O Late Sukhdeo Manjhi R/O Vill- Majhwalia, P.O-
Bhagwanpur, P.S- Manjhagarh, Dist- Gopalganj, PIN Code- 841428.
4. Sanjay Manjhi S/O Swaminath Manjhi R/O Vill- Majhwalia, P.O-
Bhagwanpur, P.S- Manjhagarh, Dist- Gopalganj, PIN Code- 841428.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Jeetendra Narayan, Advocate
For the State : Mr. Rajendra Prasad Nat, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 137(2) of the
B.N.S..
3. The prosecution case, in brief, is that on account of
matrimonial dispute, all the F.I.R. named accused persons,
including these petitioners, who happen to be his in-laws,
kidnapped son of informant.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.19924 of 2026(2) dt.08-04-2026
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behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
implicated in this case merely because Petitioner No. 1 happens
to be wife, Petitioner No. 2 happens to be mother-in-law,
Petitioner No. 3 happens to be father-in-law and Petitioner No. 4
happens to be brother-in-law of son of informant. As a matter of
fact, only with a view to save his skin from Gopalganj Mahila
P.S. Case No. 32 of 2025, which was lodged by Petitioner No. 1
against informant and others, this false and concocted case has
been lodged. There is matrimonial dispute between the parties
and son of informant is in Jamshedpur. Petitioners claim clean
antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, relationship between the parties and clean antecedents of
the petitioners, the prayer for grant of anticipatory bail to the
petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
Patna High Court CR. MISC. No.19924 of 2026(2) dt.08-04-2026
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10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Judicial Magistrate-1 st
Class, Gopalganj in connection with Barauli P.S. Case No. 248
of 2025, subject to condition as laid down under Section 482(2)
of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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