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Patna High Court

Anjali DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner, subject to bond and sureties, under Section 438(2) Cr.P.C. and Section 482(2) B.N.S.S.

Summary

Anjali Devi, mother of alleged co‑accused Solu Kumar, applied for anticipatory bail fearing arrest in a case (Muffasil P.S. No. 487 of 2024) alleging conspiracy to kidnap an informant’s niece and threats of violence under Sections 139 and 87 of the B.N.S. The prosecution opposed the bail, while the petitioner’s counsel argued that the victim girl had a consensual love relationship, marriage and pregnancy with Solu Kumar, and that the case stemmed from a misunderstanding. The court examined the relationship, the statements recorded under Section 183 of the BNSS, and the seriousness of the alleged offences. Considering the familial connection and the circumstances, the court granted anticipatory bail, subject to a bond of Rs.10,000 and two sureties, and conditioned it on compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438(2) Cr.P.C. in view of the allegations under Sections 139 and 87 B.N.S.
  • Whether the familial relationship and the victim’s statement under Section 183 BNSS affect the grant of bail

Legislation cited

Subjects

  • anticipatory bail
  • conspiracy to kidnap
  • threats of violence
  • Section 139
  • Section 87
  • Section 183
  • Section 438
  • Section 482
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23445 of 2026
                 Arising Out of PS. Case No.-487 Year-2024 Thana- NAWADA MUFFASIL District- Nawada
                 ======================================================
                 Anjali Devi Wife of Pappu singh @ Papapu singh Resident of village-
                 Gangarampur, Ps- Narhat, Dist- Nawada

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                       ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Parashuram Singh, Advocate
                 For the State          :        Mr. Kumar Veerendra Narayan, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   18-04-2026                   Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                 2. The petitioner is apprehending her arrest in

                   connection with Muffasil P.S. Case No. 487 of 2024 in a case

                   registered for the offence punishable under Sections 139/87 of

                   the B.N.S.

                                 3. As per the prosecution case, the petitioner is

                   accused of conspiring to kidnap the informant’s niece and

                   subsequently threatening the informant and his family with

                   threats of violence.

                                 4. Learned counsel for the petitioner submits at the

                   outset that the petitioner is the mother of Solu Kumar with

                   whom, it has been alleged that the victim girl had fled away. It is

                   further submitted that the victim girl, after the recovery has got
Patna High Court CR. MISC. No.23445 of 2026(2) dt.18-04-2026
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          her statement recorded under Section 183 of the BNSS wherein

          she has accepted the fact that she was having a love relationship

          with Solu Kumar and they had also eventually got married and

          that she was pregnant. The learned counsel also invites the

          attention of this Court to Annexure P/2 which is an application

          filed on behalf of the father of the victim girl before the learned

          Court of the A.C.J.M., stating Nawada that his daughter is aged

          about 20 years and after marriage with co-accused Solu Kumar,

          a child has also been born out of the wedlock. He has

          specifically stated that the present case has been filed out of her

          misunderstanding.

                       5.    Learned APP for the State has opposed the

          application for anticipatory bail.

                       6.    Taking      into     consideration   the   facts   and

          circumstances and also considering the fact that the petitioner is

          the mother of the alleged main accused with whom the victim

          had a love relationship, let the above named petitioner, in the

          event of her arrest or surrender before the learned Court below

          within a period of four weeks from today, be enlarged on bail on

          furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with

          two sureties of the like amount each to the satisfaction of the

          learned court below where the case is pending/successor court
             Patna High Court CR. MISC. No.23445 of 2026(2) dt.18-04-2026
                                                         3/3




                       in connection with Muffasil P.S. Case No. 487 of 2024, subject

                       to the condition as laid down under Section 438 (2) of the

                       Cr.P.C./482(2) of the B.N.S.S.



                                                 (Soni Shrivastava, J)
priyanka/-

U      T


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