Patna High Court
Sheela DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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