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Patna High Court

Sangita Kumari @ Sangita DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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


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