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Patna High Court

Mallu Singh @ Ravishwar SinghversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                           3/3




                         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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