Patna High Court
Ramun DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to bail bond and sureties.
Summary
The petitioners, Ramun Devi and Rambha Devi, sought anticipatory bail fearing arrest in a case registered under Section 87 of the B.N.S. The prosecution alleged that they, along with others, kidnapped the informant’s daughter on 18‑05‑2025. The alleged victim, however, gave a statement under Section 183 of the B.N.S.S. denying any kidnapping and stating she left voluntarily. The petitioners asserted their innocence and clean antecedents. The court, considering the victim’s statement and the petitioners’ clean records, granted anticipatory bail subject to a bail bond and sureties, with conditions under Section 482(2) of the B.N.S.S.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioners under Section 482(2) of the B.N.S.S. in view of the victim’s statement and the petitioners’ clean antecedents?
Legislation cited
Subjects
- anticipatory bail
- kidnapping
- victim statement
- clean antecedents
- Section 87
- Section 183
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60325 of 2025
Arising Out of PS. Case No.-172 Year-2025 Thana- BARAULI District- Gopalganj
======================================================
1. Ramun Devi W/O Parmeshwar Sharma R/O Village- Sarai Padauli , PS-
Bhagwanpur Hat, District - Siwan
2. Rambha Devi W/O Anil Sharma R/O Village- Sarai Padauli , PS-
Bhagwanpur Hat, District - Siwan
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Ashok Kumar, Advocate
For the State : Mr. Sanjay Kumar Tiwary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5 08-01-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Section 87 of the
B.N.S..
3. The prosecution case, in brief, is that on
18.05.2025, informant’s daughter went to her maternal aunt’s
home but did not come back. When the informant searched her,
he came to know that all the F.I.R. named accused persons,
including these petitioners, have kidnapped her.
Patna High Court CR. MISC. No.60325 of 2025(5) dt.08-01-2026
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4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. The victim in her statement,
recorded under Section 183 of the B.N.S.S., has denied the
factum of kidnapping and has categorically stated that no one
has kidnapped her and she left her parental house out of her own
sweet will. The learned trial court has assessed the age of victim
as 20 years. Petitioners are ladies and claim clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, statement of the victim recorded under Section 183 of the
B.N.S.S. and clean antecedents of the petitioners, the prayer for
grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioners be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned C.J.M., Gopalganj in
connection with Barauli P.S. Case No. 172 of 2025, subject to
Patna High Court CR. MISC. No.60325 of 2025(5) dt.08-01-2026
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condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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