Patna High Court
Rekha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioners, holding that the conditions for bail under Section 438 CrPC and Section 482 BNSS were satisfied.
Summary
The petitioners – Rekha Devi, Ravi Shankar Yadav and Niranjan Yadav – sought anticipatory bail fearing arrest in a case (Fatuha PS No.68 of 2025) alleging abduction of a girl under Sections 96, 137(2) and 3(5) of the BNSS. The prosecution alleged that the petitioners were involved, while the petitioners contended they were falsely implicated and that the main accused was Baiju Yadav, a relative. The Deputy Superintendent of Police testified that the girl had stated she eloped with a ‘Prince’. The informant opposed the bail application. After hearing both sides, the Court allowed the anticipatory bail, directing release on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC in view of the allegations of abduction under the BNSS
- Whether the petitioners can be considered innocent relatives of the main accused and thus entitled to bail
Legislation cited
- BNSS — s. 137(2), 3(5), 482, 96
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- abduction
- false implication
- Section 438 CrPC
- Section 482 BNSS
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29347 of 2025
Arising Out of PS. Case No.-68 Year-2025 Thana- FATUA District- Patna
======================================================
1. Rekha Devi wife of Late Vinay Yadav Village- Railway Colony Fatuha, PS-
Fatuha District -Patna
2. Ravi Shankar Yadav son of Sri Rabindra Kumar Yadav @ Ravindra yadav
Village- Railway Colony Fatuha, PS- Fatuha District -Patna
3. Niranjan Yadav son of Boudhu Yadav village- Mirjapur Nohta, Ps- Fatuha,
Dist- Patna
... ... Petitioner/s
Versus
The State of Bihar bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Sr. Adv.
Mr.Anil Kumar Singh
For the Opposite Party/s : Mr.Ajay Kumar Jha
For the Informant : Mr. Raj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
8 24-02-2026 Heard learned counsel for the petitioner, learned
counsel for the informant and learned APP for the State assisted
by Dy. S.P., Fatuha.
2. The petitioner apprehends his arrest in
connection with Fatuha P.S. Case No. 68 of 2025 registered for
the offence under Sections 96, 137(2), 3(5) of the BNS.
3. As per the prosecution case, the petitioners are
said to have abducted the victim girl.
4. Learned counsel for the petitioners has submitted
that the petitioners are innocent and they have falsely been
implicated in this case. He further submits that the main accused
Patna High Court CR. MISC. No.29347 of 2025(8) dt.24-02-2026
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in this case is Baiju Yadav and the petitioners being mother and
relatives of Baiju Yadav, have no role to play in the alleged
offence.
5. The Dy.S.P., Fatuha has also submitted that the
victim girl has given her statement that she has eloped with one
Prince.
6. Learned counsel for the informant has opposed
the application of the petitioners for grant of anticipatory bail.
7. Considering the aforesaid facts, this application
is allowed.
8. Let the petitioners, above named, in the event of
his arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-II, Patna City, Patna in connection
with Fatuha P.S. Case No. 68 of 2025, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
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