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Patna High Court

Fekan RayversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioners are entitled to bail and ordered their release on bail.

Summary

The petitioners, nine members of the Ray family, were named in FIR No. 387 of 2025 for alleged abduction and illicit intercourse with a minor, offences punishable under Sections 137(2) and 96 of the Bhartiya Nayay Sanhita. During investigation, the minor was recovered and gave a statement under Section 183, claiming she voluntarily left home and married co-accused Amit Kumar, who is not a petitioner. The petitioners argued that they were implicated solely because of their familial relationship with Amit Kumar and asserted clean antecedents. The Additional Public Prosecutor opposed bail, contending the seriousness of the offences. The Court examined the prima facie connection of the petitioners to the crime and, invoking Section 482(2) of the BNSS, ordered their release on bail with a bond of Rs.10,000 and two sureties each, subject to conditions.

Issues considered

  • Whether the nine petitioners are entitled to bail under Section 482(2) of the Bhartiya Nayay Sanhita despite being named in the FIR for offences under Sections 137(2) and 96.
  • Whether the familial relationship with the principal accused justifies their implication and detention.

Subjects

  • bail
  • criminal procedure
  • minor
  • abduction
  • family members
  • Section 482
  • Section 137
  • Section 96
  • Section 183

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27144 of 2026
                      Arising Out of PS. Case No.-387 Year-2025 Thana- SHEOHAR District- Sheohar
                 ======================================================
           1.     Fekan Ray S/o Kishori Ray R/o vill - Ukni, P.S.- Sheohar, Distt.- Sheohar.
           2.    Fuljhari Devi W/o Kishori Ray R/o vill - Ukni, P.S.- Sheohar, Distt.-
                 Sheohar.
           3.    Fakira Ray S/o Kishori Ray R/o vill - Ukni, P.S.- Sheohar, Distt.- Sheohar.
           4.    Rita Devi W/o Bikaoo Ray R/o vill - Ukni, P.S.- Sheohar, Distt.- Sheohar.
           5.    Bikaoo Ray S/o Kishori Ray R/o vill - Ukni, P.S.- Sheohar, Distt.- Sheohar.
           6.    Kishori Ray S/o Late Varan Ray R/o vill - Ukni, P.S.- Sheohar, Distt.-
                 Sheohar.
           7.    Mintu Devi W/o Fakira Ray R/o vill - Ukni, P.S.- Sheohar, Distt.- Sheohar.
           8.    Rinku Devi W/o Fekan Ray R/o vill - Ukni, P.S.- Sheohar, Distt.- Sheohar.
           9.     Rani Kumari D/o Bikaoo Ray R/o vill - Ukni, P.S.- Sheohar, Distt.- Sheohar.
                                                                              ... ... Petitioner/s
                                                 Versus
                 The State of Bihar.                                  ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms.Madhubala Verma, Advocate
                 For the Opposite Party/s :       Mr.Umesh Lal Verma, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   28-04-2026                    Heard learned counsel appearing on behalf of the

                   petitioners       and      learned     Additional       Public      Prosecutor

                   appearing on behalf of the State.

                                2. The accused/petitioners named in FIR and

                   apprehending their arrest in connection with Sheohar P.S.

                   Case No.           387 of 2025 registered for the offences

                   punishable under Sections 137(2), 96 of Bhartiya Nayay

                   Sanhita.

                                3.     As per FIR, all named co-accused persons
Patna High Court CR. MISC. No.27144 of 2026(2) dt.28-04-2026
                                            2/3




          abducted the minor daughter of the informant for illicit

          intercourse with another person.

                       4. It is submitted by learned counsel appearing on

          behalf of the petitioners that during course of investigation,

          the minor daughter of the informant was recovered and,

          thereafter, her statement was recorded under Section 183 of

          BNSS, where she categorically stated that she left her

          parental house on her own and solemnized her marriage with

          co-accused Amit Kumar being a major girl, who is not

          petitioner for the present. It is submitted that petitioners are

          the immediate family members of the main co-accused Amit

          Kumar and for said reason only, they were implicated with

          present crime in question. The petitioners claimed        clean

          antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of the fact as the implication of the above-

          named petitioners prima facie appears being immediate

          family members of the main co-accused Amit Kumar, with

          whom the minor daughter of the informant solemnized
              Patna High Court CR. MISC. No.27144 of 2026(2) dt.28-04-2026
                                                          3/3




                        marriage, accordingly, all above named nine petitioners, in

                        the event of their arrest or surrender before the learned trial

                        Court, within a period of four weeks of the order, is directed

                        to be released on bail furnishing bail bond of Rs. 10,000/-

                        (Rupees Ten Thousand) each with two sureties of the like

                        amount each to the satisfaction of the learned C.J.M.,

                        Sheohar/concerned Court, where the case is pending in

                        connection with          Sheohar P.S. Case No.       387 of 2025

                        subject to the conditions as laid down under Section 482(2)

                        of the BNSS.



                                              (Chandra Shekhar Jha, J)
veena/-

U         T


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