Patna High Court
Muna Dewan @ Md. MunnaversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioners subject to prescribed conditions.
Summary
The petitioners, members of the Dewan family, sought anticipatory bail after an FIR was lodged under IPC sections 363, 366A and 34 alleging kidnapping of a 17‑year‑old girl for the purpose of sale. The girl later testified that she had left home voluntarily to meet her boyfriend, Md. Reyazul, and subsequently married him, claiming the matter was a consensual love relationship. The State argued that the girl was a minor and the alleged act constituted kidnapping. The court noted the victim’s voluntary statements, the petitioners’ clean criminal record, and the lack of evidence of coercion, and therefore granted anticipatory bail with strict conditions. The bail order required a bond, sureties, appearance before the trial court, and prohibitions against tampering with witnesses or committing further offences.
Issues considered
- Whether anticipatory bail should be granted in a kidnapping case where the alleged victim is a minor but claims voluntary departure.
- Whether the allegations under IPC sections 363, 366A and 34 warrant denial of bail in the absence of criminal antecedent.
Legislation cited
- Indian Penal Code — s. 34, 363, 366A
Subjects
- anticipatory bail
- kidnapping
- Indian Penal Code
- minor
- love relationship
- bail conditions
- criminal antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.45414 of 2025
Arising Out of PS. Case No.-354 Year-2024 Thana- SUGAULI District- East Champaran
======================================================
1. Muna Dewan @ Md. Munna S/o Ilayas Dewan R/o Village- Hasanpur, Ward
No 6, P.S.- Sugauli, Distt- East Champaran (Motihari)
2. Samina Khatoon W/o Muna Dewan @ Md. Munna R/o Village- Hasanpura,
Ward No 6, P.S.- Sugauli, Distt- East Champaran (Motihari)
3. Shahnaaz Khatoon W/O Saheb Khan R/o Hasanpur,ward no. 6, P.S.-
Sugauli, Distt- East Champaran (Motihari)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Urmila Devi, Wife of Umesh Sah R/o village- Vishunpurwa, Ward no-01,
PS- Sugauli Dist- East Champaran
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 59657 of 2025
Arising Out of PS. Case No.-354 Year-2024 Thana- SUGAULI District- East Champaran
======================================================
Md. Ajajul @ Reyazul @ Shaktiman Son of Md. Muna Dewan @ Md. Munna
Resident of Village - Hasanpura, Ward No.- 6, P.S.- Sugauli, District - East
Champaran (Motihari)
... ... Petitioner/s
Versus
1. The State of Bihar
2. Urmila Devi Wife of Umesh Sah Resident of Village - Hasanpura, Ward
No.- 6, P.S.- Sugauli, District - East Champaran (Motihari)
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 45414 of 2025)
For the Petitioner/s : Mr. Shyam Sundar Kumar, Adv.
For the Opposite Party/s : Mr. Suresh Prasad Singh, APP
(In CRIMINAL MISCELLANEOUS No. 59657 of 2025)
For the Petitioner/s : Mr. Shyam Sundar Kumar, Adv.
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 19-03-2026 Heard Mr. Krishna Prasad Singh, learned senior
Patna High Court CR. MISC. No.45414 of 2025(5) dt.19-03-2026
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counsel for the petitioner in both the cases, Mr. Suresh Prasad
Singh in the case of Munna Dewan @ Md. Munna and Mr.
Ramsewak Choudhary in the case of Md. Reyazul.
2. The petitioner is apprehending his arrest in
connection with Sugauli P.S. Case No. 354 of 2024 for the
offence under sections 363, 366(A)/34 of the Indian Penal Code
lodged on 05.08.2024 by the informant, Umesh Shah.
3. As per the prosecution story, the informant alleged
that her daughter went to school but failed to return and
allegation against the petitioners / family members is of
kidnapping her for the purpose of selling the girl which led to
the FIR. Subsequently, the girl appeared and made statement
before the Court stating that she was in relationship with Md.
Reyazul, as the family members were not ready, she went on her
own on 12.06.2024 to Delhi to meet him where he was working.
4. Later, the Delhi Police came along with her parents
and further she was brought to the Court where the girl stated
that she would like to go with Reyazul and not with the family
members and in between, she also resorted to marriage.
5. Learned counsel for the petitioner submits that it is
a pure case of love relationship but the same has been turned
into criminal case as a result whereof, the entire family
Patna High Court CR. MISC. No.45414 of 2025(5) dt.19-03-2026
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members are suffering. Further, they do not any criminal
antecedent.
5. Learned APPs in both the cases have opposed the
prayer submitting that the girl was 17 years when she allegedly
left the place.
6. Considering the submissions of the parties as also
the fact that have been incorporated above, especially the
statement of the victim girl on oath as also the petitioners have
no criminal antecedent, in that background, this Court is
inclined to grant them the anticipatory bail with conditions.
7. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned J.M. 1st Class, East Champaran, Motihari
in G.R. No. 4519 of 2024 arising out of Sugauli P.S. Case No.
354 of 2024. subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
License) to show his/her bona fide;
(ii) the petitioner shall appear on each and every date
Patna High Court CR. MISC. No.45414 of 2025(5) dt.19-03-2026
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before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his
bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
niku/-
U T
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