Patna High Court
Samitri DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was denied to the petitioners.
Summary
The petitioners, Samitri Devi, Pundeo Chaudhary and Chhathu Chaudhary, sought anticipatory bail after being named in an FIR alleging kidnapping of a minor daughter of an informant. The prosecution alleged that the petitioners, being the mother, father and uncle of a co‑accused, participated in the kidnapping, and the victim remained missing. The petitioners contended they were innocent, had clean antecedents, and were implicated solely due to familial ties, also highlighting a 22‑day delay in filing the FIR. The State opposed the bail, emphasizing the specific accusations, the seriousness of the offences under Sections 137(2), 96, 303(2) and 351(2) of the B.N.S., and the fact that the minor was still untraceable. Considering the gravity of the charges, the direct nature of the allegations, and the victim’s continued absence, the Court rejected the anticipatory bail application. Consequently, the petition for anticipatory bail was dismissed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the circumstances of the kidnapping case involving a minor.
Legislation cited
- B.N.S. — s. 137(2), 303(2), 351(2), 96
Subjects
- anticipatory bail
- kidnapping
- minor
- criminal procedure
- bail
- Sections 137, 96, 303, 351
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19936 of 2026
Arising Out of PS. Case No.-56 Year-2025 Thana- SRINAGAR District- West Champaran
======================================================
1. Samitri Devi W/o Pundev Chaudhary @ Pundeo Chaudhary Resident of
village - Bhagwanpur Ward No. 1, P.S - Nadi, District -West Champran
2. Pundeo Chaudhary @ Pundev Chaudhary S/o Late Kanahi Chaudhary
Resident of village - Bhagwanpur Ward No. 1, P.S - Nadi, District -West
Champran
3. Chhathu @ Chhadhu Chaudhary S/o Late Kanahi Chaudhary Resident of
village - Bhagwanpur Ward No. 1, P.S - Nadi, District -West Champran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Niraj Kumar Sharma, Advocate
For the State : Mr. Pramod Kumar Pandey, 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 Sections 137(2), 96,
303(2) and 351(2) of the B.N.S..
3. As per prosecution case, it is alleged that all the
F.I.R. named accused persons, including these petitioners,
kidnapped minor daughter of informant.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. Petitioners have falsely been
Patna High Court CR. MISC. No.19936 of 2026(2) dt.08-04-2026
2/2
implicated in this case merely because Petitioner No. 1 happens
to be mother, Petitioner No. 2 happens to be father and
Petitioner No. 3 happens to be uncle of co-accused Pawan
Kumar. The present F.I.R. has been lodged after inordinate delay
of 22 days and there is no plausible explanation for the same
which itself makes the entire prosecution case doubtful.
Petitioners claim clean antecedents.
5. On the other hand, learned A.P.P. for the State has
vehemently opposed the prayer for grant of anticipatory bail to
the petitioners and submitted that petitioners are named in the
F.I.R. and there is specific accusation that they, along with other
F.I.R. named accused persons, kidnapped minor daughter of
informant. The victim is minor and still traceless.
6. Considering the facts and circumstances of the
case, specific and direct nature of accusation, gravity of offence
and the fact that the victim is still traceless, the prayer for grant
of anticipatory bail to the petitioners is rejected.
(Prabhat Kumar Singh, J)
shashank/-
U T
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