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Patna High Court

Raj Kishore JhaversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, considering the petitioner’s innocence, clean antecedents and her status as a woman, anticipatory bail under Section 438 CrPC may be granted.

Summary

Petitioner No.1 withdrew his anticipatory bail application, while Petitioner No.2, Anita Devi, feared arrest in a case (Barauni P.S. Case No. 631 of 2023) under Section 366(A) IPC alleging her son kidnapped an informant's daughter. The prosecution alleged involvement of her son, but the petitioner claimed innocence and clean antecedents. The State opposed the bail. The High Court, noting the petitioner’s innocence, clean record and that she is a woman, allowed anticipatory bail for her, directing release on a bail bond of Rs.10,000 with two sureties, subject to conditions of Section 438(2) CrPC and Section 482 BNSS.

Issues considered

  • Whether petitioner No.2 is entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure in the context of the alleged offence under Section 366(A) IPC.
  • Whether the circumstances, including the petitioner’s alleged innocence and status as a woman, justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • Section 366A IPC
  • women
  • bail bond
  • high court
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.44523 of 2025
                      Arising Out of PS. Case No.-631 Year-2023 Thana- BARAUNI District- Begusarai
                 ======================================================
           1.     Raj Kishore Jha S/o Jangli Jha R/o Village - Bihat, Jagir Tola, P.S. Barauni
                  (F.C.I.) Distt. Begusarai
           2.    Anita Devi W/o Raj Kishore Jha R/o Village - Bihat, Jagir Tola, P.S. Barauni
                 (F.C.I.) Distt. Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Shubhesh Pandey, Advocate
                 For the Opposite Party/s :        Mr.Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   19-02-2026                          Heard learned counsel for the petitioners and

                   learned APP for the State.

                                Learned counsel for the petitioners submits that

                   prayer for anticipatory bail of petitioner no. 1 has already been

                   withdrawn earlier.

                                   2. So far as, petitioner no. 2 is concerned,

                   petitioner no. 2 apprehends her arrest in connection with

                   Barauni P.S. Case No. 631 of 2023 registered for the offence

                   under Section 366(A) of the Indian Penal Code.

                                   3.     As per the prosecution case, one Rajaram

                   Kumar is alleged of kidnapping informant’s daughter.

                                    4. It has been submitted by the learned counsel for
              Patna High Court CR. MISC. No.44523 of 2025(5) dt.19-02-2026
                                                          2/2




                        the petitioner that the petitioner no. 2 is innocent and she has

                        falsely been implicated in this case. It is next submitted that

                        petitioner no. 2 is mother of one Rajaram Kumar who is alleged

                        to have kidnapped the daughter of the informant. Petitioner has

                        clean antecedent.

                                         5. Learned A.P.P. for the State opposes the prayer

                        for anticipatory bail of the petitioner no. 2.

                                        6. Considering the aforesaid submission and the

                        fact that petitioner no. 2 is a woman, this application is allowed

                        with respect to petitioner no. 2 only.

                                        7. Let the petitioner no. 2, above named, in the

                        event of her 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

                        C.J.M., Begusarai/ concerned Court below in connection with

                        Barauni P.S. Case No. 631 of 2023, 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)
tusharika/-

U       T


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