Patna High Court
Mallu Singh @ Ravishwar SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court ordered that the petitioners be released on bail upon surrender within four weeks, subject to a bond and sureties, invoking Sections 438(2) Cr.P.C. and 482(2) of the Bihar Negotiable Instruments Act.
Summary
The petitioners, who are family members of the alleged main accused Kiramat Kumar, were named in an FIR for offences under IPC sections 366-A and 34 and POCSO Act sections 8 and 12 relating to the alleged kidnapping of a 17‑year‑old girl for illicit intercourse or marriage. They contended that they were implicated only because of their relationship with the co‑accused and have clean antecedents. The State could not refute these submissions. The High Court, after considering the facts, directed that the petitioners be released on bail if they surrender within four weeks, subject to a bail bond of Rs 10,000 with two sureties, under the provisions of Section 438(2) of the Cr.P.C. and the inherent powers of the court under Section 482(2) of the Bihar Negotiable Instruments Act. The order effectively grants anticipatory bail to the petitioners.
Issues considered
- Whether the petitioners, merely being family members of the co‑accused, are liable to be kept in custody.
- Whether anticipatory bail can be granted under Section 438 Cr.P.C. in the present circumstances.
- Whether the court can exercise its inherent powers under Section 482 of the Bihar Negotiable Instruments Act to release the petitioners on bail.
Legislation cited
- Bihar Negotiable Instruments Act — s. 482(2)
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 34, 366-A
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- anticipatory bail
- Section 438 Cr.P.C.
- Section 482 inherent powers
- kidnapping for marriage
- POCSO Act
- family members liability
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.52872 of 2024
Arising Out of PS. Case No.-337 Year-2023 Thana- DUMRAO District- Buxar
======================================================
1. Mallu Singh @ Ravishwar Singh Son of Ramasharay Singh Village- Purana
Bhojpur, Ps- Naya Bhojpur, Dist- Buxar
2. Usha Devi Wife of Mallu Singh Village- Purana Bhojpur, Ps- Naya Bhojpur,
Dist- Buxar
3. Rahul Kumar @ Rahul Kumar Kushwaha Son of Mallu Singh @ Ravishwar
Singh Village- Purana Bhojpur, Ps- Naya Bhojpur, Dist- Buxar
4. Arvind Kumar Son of Babulal Village- Jagdishpur, Ps- Dinara, Dist- Rohtas
... ... Petitioner/s
Versus
1. The State of Bihar
2. Srinivas Yadav Son of Kalinath Yadav Village- Navadega, Ps- Naya Bhojpur
(Op), Dist- Buxar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ajit Kumar, Adv
For the Opposite Party/s : Ms. Sucheta Yadav, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
7 02-02-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Dumraon P.S. Case
No. 337 of 2023 registered for the offences punishable under
Sections 366-A and 34 of the Indian Penal Code and Sections 8
and 12 of the POCSO Act.
3. As per FIR, the son of petitioner no. 1 namely
Kiramat Kumar, kidnapped daughter of informant aged about 17
years for the purpose of illicit intercourse/marriage on 24.07.2023
while she went to attend the nature’s call at 9:30 PM.
Patna High Court CR. MISC. No.52872 of 2024(7) dt.02-02-2026
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4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are family members/close
relative and for the said reason they implicated with the present
crime in question. It is also submitted that thrust of allegation is
available against co-accused Kiramat Kumar and just to create
legal pressure, these petitioners were unnecessarily implicated
with the present case. While concluding arguments, it is submitted
that above named petitioners are of clean antecedent.
5. Learned APP duly assisted by learned counsel for the
informant could not disputed aforesaid submission as advanced by
learned counsel for the petitioner .
6. In view of aforesaid factual submission and by taking
note of fact as petitioners appears to be implicated in the present
crime in question being family members and close relative of main
co-accused Kiramat Kumar, accordingly all above-named
petitioners, in the event of their arrest or surrender before the
court below within a period of four weeks, are directed to be
released on bail, furnishing bail bond of Rs. 10,000/- (Rupees Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of the learned ADJ VI-cum-Special Judge, POCSO Act,
Buxar/concerned Court, where the case is pending in connection
with Dumraon P.S. Case No. 337 of 2023, subject to the
Patna High Court CR. MISC. No.52872 of 2024(7) dt.02-02-2026
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conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of BNSS.
(Chandra Shekhar Jha, J.)
S.Tripathi/-
U T
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