Patna High Court
Kiran DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
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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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