Patna High Court
Lata DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioners, holding that the primary charge is against the main accused and the petitioners' involvement is merely familial.
Summary
The petitioners – Lata Devi and her sons Sintu and Ashish – were named in an FIR for allegedly kidnapping a 16‑year‑old girl with the intent of illicit intercourse or marriage, under Sections 96, 137(2) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023. They contended that they were implicated only because they are relatives of the main accused, Abhishek Sharma, and that the case was false, filed due to a love dispute. The State opposed their bail application. The court observed that the primary allegation was against Abhishek Sharma and the petitioners’ involvement appeared merely as family members, noting their clean antecedents. Consequently, the court ordered their release on bail, subject to a bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS. The bail order effectively disposes of the petition for bail.
Issues considered
- Whether the petitioners are entitled to bail under Section 438 CrPC in view of the allegations under the Bhartiya Nyaya Sanhita.
- Whether the allegations against the petitioners constitute a false case arising from a personal dispute.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 137(2), 3(5), 482(2), 96
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- false case
- kidnapping
- minor
- family members
- Criminal Procedure Code
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40076 of 2026
Arising Out of PS. Case No.-96 Year-2026 Thana- PARBATTA District- Khagaria
======================================================
1. Lata Devi W/O Bablu Sharma R/O Village - Karnave, ward No 14, PS -
Banka, Distt- Banka
2. Sintu Sharma @ Sintu Kumar S/O Bablu Sharma R/O Village-
Karnave,Ward no 14, PS- Banka, Distt- Banka
3. Ashish Kumar @ Ashish Sharma S/O Bablu Sharma R/O Village-
Karnave,Ward no 14, PS- Banka, Distt- Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr. Shashi Saurabh, Advocate
For the Opposite Party : Mr. Bharat Bhushan, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioners and
learned Additional Public Prosecutor for the State.
2. The accused/petitioners are named in the FIR
and apprehending their arrest in connection with Parbatta
P.S Case No.96 of 2026 registered under Sections 96,
137(2) read with 3(5) of the Bhartiya Nyaya Sanhita, 2023
(in short ‘BNS’).
3. As per FIR, the minor daughter of informant
aged about 16 years was kidnapped by co-accused persons
including petitioners for the purpose of illicit
Patna High Court CR. MISC. No.40076 of 2026(2) dt.22-06-2026
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intercourse/marriage with another person.
4. It is submitted by learned counsel for the
petitioners that the petitioners were implicated with the
present crime in question only for the reason that the
petitioner no.1 is the mother and petitioner no.2 and 3 are
the brother of main accused namely, Abhishek Sharma, with
whom the minor daughter of informant was in love. It is
submitted as love was not approved by informant, the
present false case was lodged, implicating entire family
members including petitioners. Petitioners claimed clean
antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by
taking note of fact, as the thrust of allegation appears
against co-accused Abhishek Sharma, where implication of
these petitioners appears being mother and brother of main
co-accused, accordingly, all above-named petitioners are
directed to be released on bail, in the event of their arrest or
surrender in the court below within a period of four weeks,
on furnishing bail bond of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.40076 of 2026(2) dt.22-06-2026
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Thousand) each with two sureties of the like amount each to
the satisfaction of the learned A.C.J.M 1st, Khagaria in
connection with P.S Case No.96 of 2026, subject to the
conditions as laid down under Section 438(2) of the
CrPC/under Section 482(2) of the BNSS.
aniket/- (Chandra Shekhar Jha, J.)
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