Patna High Court
Sangita Kumari @ Sangita DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the BNSS.
Summary
Sangita Kumari applied for anticipatory bail fearing arrest in a case (Mufassil P.S. No. 443 of 2024) under Sections 137 and 87 of the Bhartiya Nyaya Sanhita, which alleged that Dilkhush Kumar kidnapped a minor and that the petitioner had abused the informant. The petitioner contended that the only allegation against her was abuse, she had no criminal antecedent, and she was not involved in the kidnapping. The State argued that the minor was still missing, justifying denial of bail. After hearing both sides, the court decided to grant anticipatory bail, directing the petitioner to surrender within four weeks and to furnish a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) of the BNSS. The bail application was therefore allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Sections 137 and 87 of the Bhartiya Nyaya Sanhita despite allegations of abuse and the missing minor.
- Whether the fact that the minor remains missing justifies denial of bail.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 137, 482(2), 87
Subjects
- anticipatory bail
- kidnapping
- child abduction
- abuse
- Bhartiya Nyaya Sanhita
- Section 137
- Section 87
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2815 of 2026
Arising Out of PS. Case No.-443 Year-2024 Thana- BEGUSARAI MUFFASIL District-
Begusarai
======================================================
Sangita Kumari @ Sangita Devi W/O - Mantun Paswan @ Mintu Paswan
R/O Vill. - ward no.- 45, Bari Aighu, Ram Nagar, Mohan Eghu Mohanaigh
P.S - Muffasil.Dist- Begusarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pritish Kumar Lal, Advocate
Mr. Shahnawaz Khan, Advocate
For the Opposite Party/s : Mr. Yogendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The instant application for anticipatory bail has
been filed by the petitioner apprehending her arrest in
connection with Mufassil P.S. Case No. 443 of 2024 instituted
for the offence under Sections 137 and 87 of the Bhartiya Nyaya
Sanhita.
3. The case of the prosecution, in short, is that one
Dilkhush Kumar has kidnapped the minor daughter of the
informant. When the informant went to complain it is alleged
that she was being abused by the petitioner and others.
4. Learned counsel appearing on behalf of the
petitioner has submitted that only allegation against the
petitioner is that she abused. No other role is attributed to her.
Patna High Court CR. MISC. No.2815 of 2026(2) dt.09-02-2026
2/2
Learned counsel for the petitioner has further submitted that the
petitioner is a lady having no criminal antecedent.
5. In contra, learned APP appearing for the State has
opposed the prayer of bail of the petitioner and has submitted
that the minor girl of the informant is still missing.
6. Having heard learned counsel for the parties and in
the facts and circumstances of the case as stated above, this
Court is inclined to enlarge the petitioner on bail. The petitioner
is directed to surrender in the Court below within a period of
four weeks from today and in the event of her arrest or surrender
in connection with Mufassil P.S. Case no. 443 of 2024, she will
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 learned Chief Judicial Magistrate,
Begusarai, subject to the conditions as laid down under Section
482(2) of the BNSS.
7. Accordingly, the present bail application stands
allowed.
(Ashok Kumar Pandey, J)
durgesh/-
U T
Checking your session…