Patna High Court
Sadrun NishaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to the conditions prescribed under Section 438(2) of the Criminal Procedure Code.
Summary
The petitioners – Sadrun Nisha, Md. Sahid and Md. Islam – sought anticipatory bail fearing arrest in a case registered under Sections 366A and 341 of the Indian Penal Code concerning the alleged abduction of a 15‑year‑old girl. The investigation traced calls from the victim’s mobile to a person named Israfil, who had already been granted regular bail in the same matter. The petitioners argued that they were falsely implicated and are related to Israfil, and that the victim and informant did not oppose Israfil’s bail. The State opposed the anticipatory bail application. After considering the submissions, the Court ordered that, if arrested within six weeks, the petitioners be released on anticipatory bail upon furnishing a bail bond of Rs 10,000 with two sureties, subject to conditions under Section 438(2) of the Criminal Procedure Code.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438 of the CrPC despite the allegations under IPC Sections 366A and 341
- Whether the prior grant of bail to a co‑accused (Israfil) influences the grant of anticipatory bail to the petitioners
Legislation cited
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 341, 366A
Subjects
- anticipatory bail
- Section 438 CrPC
- IPC 366A
- IPC 341
- false implication
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37030 of 2026
Arising Out of PS. Case No.-188 Year-2023 Thana- ARA NAGAR District- Bhojpur
======================================================
1. Sadrun Nisha W/o Md. Sahid R/o Vill - Abarpur, P.S.- Ara Nagar, Distt.-
Bhojpur.
2. Md. Sahid S/o Late Wakar Ali R/o vill - Abarpur, P.S.- Ara Nagar, Distt.-
Bhojpur
3. Md. Islam S/o Md. Sahid R/o vill - Abarpur, P.S.- Ara Nagar, Distt.- Bhojpur
... ... Petitioner/s
Versus
1. The State of Bihar
2. Prem Prasad Gupta S/o Late Nayak Sah R/o Dharhara, P.S.- Ara Nagar,
Distt.- Bhojpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ritik Shah
For the Opposite Party/s : Mr. Madhura Nand Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 16-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 366A and
341 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no.1
is a woman and the informant alleges that his minor daughter
aged about 15 years went missing, on search, a mobile was
recovered from the bag of the victim, on switching the mobile, it
transpired that repeated calls had come from Mobile
Patna High Court CR. MISC. No.37030 of 2026(2) dt.16-06-2026
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No.7324040284 and when informant called on the said mobile
number from his mobile, name of Israfil appeared, accordingly
the informant went to the house of Israfil where his parents
abused him.
4. Learned counsel submits that petitioners have been
falsely implicated in the instant case being related to Israfil. It is
next submitted that Israfil was taken in custody and was granted
the privilege of regular bail by an order dated17.06.2025 in B.P.
No. 2165 of 2025, as the informant and victim who had
appeared in the said case did not oppose his bail. It is further
submitted that victim and Israfil were known to each other. It is
further submitted that since Israfil has been granted the privilege
of regular bail, since his bail application was not opposed by the
informant and the victim as such no useful purpose would be
served by sending the petitioners to jail who are related to
Israfil.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the
event of their arrest or surrender within a period of six weeks
from today, be released on anticipatory bail on furnishing bail
Patna High Court CR. MISC. No.37030 of 2026(2) dt.16-06-2026
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bonds of Rs.10,000/- (Rupees Ten Thousand) each with two
sureties of the like amount each to the satisfaction of learned
trial court where the case is pending/successor court in
connection with Ara Town P.S. Case No.188 of 2023, subject to
the conditions as laid down under Section 438 (2) of the Cr.P.C.
(Satyavrat Verma, J)
amit/-
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