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Patna High Court

Kiran DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that the petitioners are entitled to bail as the allegations do not warrant denial and the conditions of Section 438(2) CrPC are satisfied.

Summary

Kiran Devi and Shankar Rai filed a bail application fearing arrest in connection with Tajpur P.S. Case No. 226 of 2024, which alleges offences under several sections of the Bihar Negotiable Substances Act, Section 4 of the POCSO Act and Section 9 of the Child Marriage Restraint Act. The prosecution alleges that the main accused, Rishu Kumar, abducted a minor girl, while the petitioners claim they are falsely implicated and that the victim voluntarily eloped with the accused. The State opposed the bail, arguing the seriousness of the charges. The learned counsel for the petitioners contended that there is no material to justify denial of bail. The Hon’ble Justice Sandeep Kumar, after considering the submissions, allowed the bail application, directing the petitioners to surrender within four weeks and furnish a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 of the BNSS. The order underscores the court’s view that the allegations do not merit pre‑trial detention.

Issues considered

  • Whether the petitioners are entitled to bail under Section 438(2) of the Code of Criminal Procedure, 1973 in view of the alleged offences.
  • Whether the nature of the allegations under the Bihar Negotiable Substances Act, POCSO Act and Child Marriage Restraint Act justifies denial of bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • POCSO
  • child marriage
  • abduction
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42187 of 2025
                      Arising Out of PS. Case No.-226 Year-2024 Thana- TAJPUR District- Samastipur
                 ======================================================
           1.     Kiran Devi W/O Shankar Rai R/O Vill.- Harpur Bhindi, P.s.- Tajpur, Dist.-
                  Samastipur
           2.    Shankar Rai S/O Yogendra Rai R/O Vill.- Harpur Bhindi, P.s.- Tajpur, Dist.-
                 Samastipur

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar Patna

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Rakesh Kumar Sharma, Adv
                 For the Opposite Party/s :       Mr.Ramesh Chandra, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   17-02-2026                      Heard learned counsel for the petitioners                        and

                   learned APP for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Tajpur P.S.Case No. 226 of 2024 registered for the offence

                   under sections 96, 64, 318(4), 351(2), 3(5) of the BNS and

                   Section 4 of the POCSO Act and section 9 of the Child Marriage

                   Restrain Act.

                                3. As per the prosecution case, the main accused

                   Rishu Kumar is alleged to have abducted the victim girl.

                                4. It has been submitted by the learned counsel for the

                   petitioners that the petitioners are innocent and they have falsely

                   implicated in this case. The victim has stated that she has
            Patna High Court CR. MISC. No.42187 of 2025(5) dt.17-02-2026
                                                        2/2




                      willfully eloped with Rishu Kumar.

                                   5. Learned counsel for the State has opposed the bail

                      application of the petitioners.

                                   6. Considering the aforesaid facts, this application is

                      allowed.

                                   7. Let the petitioners, above named, in the event of

                      their 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 Additional Session

                      Judge 6th Samastipur/ concerned court below in connection with

                      Tajpur P.S.Case No. 226 of 2024, 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)
N.K/-

U       T


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