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Patna High Court

Rekha DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                      2/2




                    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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