Patna High Court
Nibha KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
The petitioners, Nibha Kumari and Deep Narayan Yadav, sought anticipatory bail fearing arrest in a case registered under Sections 140(2) and 61(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging extortion and kidnapping of a son. The prosecution alleged that a call demanded Rs.40 lakhs for the release of the abducted son and threatened the informant. The petitioners contended they were innocent, elderly, and that no incriminating material was found on them, while also noting a dispute over a truck sale. The State opposed the bail. Considering the nature of the allegations, the petitioners' age, gender, and health, the court granted anticipatory bail on condition of furnishing bail bonds and sureties, subject to Section 482(2) of the B.N.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Sections 140(2) and 61(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the seriousness of the alleged extortion and kidnapping warrants denial of bail despite the petitioners' age, gender, and health.
- Whether conditions under Section 482(2) are appropriate for the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 140(2), 482(2), 61(2)
Subjects
- anticipatory bail
- extortion
- kidnapping
- criminal procedure
- elderly
- women
- Section 140
- Section 61
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2982 of 2026
Arising Out of PS. Case No.-125 Year-2025 Thana- SANHAULA District- Bhagalpur
======================================================
1. Nibha Kumari Wife of Rajesh @ Rakesh Kumar Yadav @ Rajesh Yadav
Resident of Village - Lakrakol, P.S.- Pirpainti, District – Bhagalpur.
2. Deep Narayan Yadav Son of Sita Ram Yadav Resident of Village - Lakrakol,
P.S.- Pirpainti, District – Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Purushottam Kumar Das, Advocate.
For the Opposite Party/s : Mr. Ram Priya Sharan Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
3 01-04-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in connection
with Sanhaula P.S. Case No.125 of 2025 instituted under
Sections 140(2) and 61(2) of the B.N.S., 2023.
3. As per the prosecution case, when the son of
informant went out for some work to Bhagalpur in the meantime
he received call from her son’s mobile phone that her son has
been abducted and if she want to get him released, then she will
have to pay Rs.40 lakhs to him till 8 P.M. otherwise her son
would be killed. It is further alleged that the caller threatened
her to not inform the police about the incident otherwise her son
would be killed.
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4. Learned counsel for the petitioners submits that
petitioners are innocent and have been falsely implicated in this
case. He further submits that petitioner no.1 is lady and
petitioner no.2 is aged about 75 years who is suffering from
illness. Learned counsel submits that for the same occurrence,
present case as well as one another case has been registered
against the petitioners. He further submits that no incriminating
article has been recovered or found from the conscious
possession of petitioners in connection with the present case.
Learned counsel submits that there was some dispute with
respect to sale of truck of the co-accused Rajesh Kumar @
Rajesh Kumar Yadav. He further submits that petitioners have
one criminal antecedent and they undertake to cooperate in the
investigation and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case, submissions of learned counsel for the parties and the
nature of allegation against the petitioners as well as the fact
that petitioner no.1 is a lady and petitioner no.2 is old aged
person of 75 years, in the event of arrest or surrender before the
Court below within six weeks from today, the petitioners be
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released on bail upon furnishing bail bonds of Rs.10,000/-
(Rupees Ten Thousand) each with two sureties of the like
amount to each to the satisfaction of the learned J.M.F.C.,
Bhagalpur/ concerned Court in connection with Sanhaula P.S.
Case No.125 of 2025, subject to the conditions laid down in
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Sunil Dutta Mishra, J)
Ritik/-
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