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Patna High Court

Muna Dewan @ Md. MunnaversusThe State of Bihar

Decided
Disposal
DISPOSED

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

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
                                            2/4




          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
                                            3/4




          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
                                                         4/4




                       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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