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Patna High Court

Sheela DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The application for anticipatory bail was allowed, granting bail subject to conditions under Section 438(2) CrPC and Section 482 BNSS.

Summary

The petitioners, three women related to the alleged main accused Anil Kumar Gond, filed an application fearing arrest in a case (Bhore P.S. Case No. 80 of 2025) concerning the alleged abduction of a girl under Sections 137(2), 96 and 3(5) of the BNS. They contended that they were falsely implicated and had no role in the offence. The court, after hearing, allowed the application and ordered that if they are arrested or surrender within four weeks, they be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to Section 438(2) of the CrPC and Section 482 of the BNSS. The court also directed the Superintendent of Police to trace the missing victim girl and report back, failing which he must appear virtually. The matter was listed for further hearing after six weeks to review the police report.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail under Section 438(2) of the CrPC in view of the allegations of abduction.
  • Whether the petitioners can be released on bail despite the seriousness of the offence under Sections 137(2), 96 and 3(5) of the BNS.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 BNSS
  • abduction
  • false implication
  • victim recovery
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.43851 of 2025
                       Arising Out of PS. Case No.-80 Year-2025 Thana- BHORE District- Gopalganj
                 ======================================================
           1.     Sheela Devi D/o Hariom Gond Resident of Village-Sisahi Tolla,
                  Baikunthpur, P.S.- Bhore, District-Gopalganj
           2.    Reeta Devi D/o Hariom Gond Resident of Village-Sisahi Tolla, Baikunthpur,
                 P.S.- Bhore, District-Gopalganj
           3.    Panawa Devi W/o Hariom Gond Resident of Village-Sisahi Tolla,
                 Baikunthpur, P.S.- Bhore, District-Gopalganj

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar Bihar
           2.    Amrendra Dvivedi S/o Late Ramchandra Dvivedi Resident of Village-Sisahi
                 Tolla, Baikunthpur, P.S.- Bhore, District-Gopalganj

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Adesh Raj Singh
                 For the Opposite Party/s :        Mr.Md. Fahimuddin
                 For the Informant        :        Mr. Sandip Kumar
                                                   Mr. Sanjay Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   19-02-2026                    Heard the parties.

                                   2.         The petitioners apprehend their arrest in

                   connection with Bbore P.S. Case No. 80 of 2025 registered for

                   the offence under Sections 137(2), 96, 3(5) of the BNS.

                                   3. As per the prosecution case, the petitioners and

                   others are accused of abducting the victim girl.

                                   4. It has been submitted by the learned counsel for

                   the petitioners that the petitioners are innocent and they have

                   falsely been implicated in this case. He further submits that the
Patna High Court CR. MISC. No.43851 of 2025(5) dt.19-02-2026
                                            2/3




          main allegation is against one Anil Kumar Gond and the

          petitioners are mother and married sisters of Anil Kumar Gond

          and they have no role to play in the alleged offence.

                          5. Considering the aforesaid facts, this application

          is allowed.

                           6. 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 learned SDJM,

          Gopalganj/concerned Court below in connection with Bhore

          P.S. Case No. 80 of 2025, subject to the conditions laid down in

          Section 438(2) of the Code of Criminal Procedure, 1973 /

          Section 482 of the BNSS.

                          7. During the course of argument, it has been

          submitted by the learned counsel for the informant that the

          victim girl has not been recovered yet and the Superintendent of

          Police, in pursuance of the order of this Court, has sent a report

          that he has formed an special team for recovery of the victim

          girl and arrest of the main accused.

                          8. In view of the above, the Superintendent of

          Police, Gopalganj is directed to trace out the victim girl before
          Patna High Court CR. MISC. No.43851 of 2025(5) dt.19-02-2026
                                                      3/3




                    the next date of hearing and file a compliance report failing

                    which he will appear virtually in this Court on the next date of

                    hearing.

                                 9. List this case after six weeks for perusal of the

                    report of the Superintendent of Police, Gopalganj.

                                 10. Let a copy of this order be communicated to the

                    Superintendent of Police, Gopalganj through FAX for its

                    compliance.



                                                              (Sandeep Kumar, J)
Vikas/-

U


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