Patna High Court
Rinku Singh @ Rinku DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
The petitioner, Rinku Singh, a woman, sought anticipatory bail fearing arrest in a case registered under Sections 137 and 96 of the Bihar Negotiable Substitution Act, 2023, concerning the alleged kidnapping of a minor for marriage. The informant alleged that his 17‑year‑old sister was abducted after communicating with an unknown person. Investigation located the minor with a co‑accused, Pappu Kumar, at a poultry farm, and the victim’s statement under Section 183 indicated the petitioner’s role in arranging a court marriage between the minor and Pappu Kumar, but no evidence proved such a marriage occurred. The petitioner’s counsel argued lack of any incriminating evidence against her, while the informant opposed bail. The court, noting the petitioner’s gender and the absence of proof of a court marriage, granted anticipatory bail subject to a bond and sureties, invoking Section 482(2) of the same Act.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Sections 137 and 96 of the B.N.S. 2023.
- Whether there is sufficient evidence linking the petitioner to the alleged kidnapping and alleged court marriage of the minor.
- Whether the petitioner’s alleged instrumental role in the marriage warrants denial of bail.
Subjects
- anticipatory bail
- kidnapping
- child marriage
- criminal procedure
- B.N.S. 2023
- Section 137
- Section 96
- Section 183
- Section 482(2)
- gender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.62807 of 2025
Arising Out of PS. Case No.-46 Year-2025 Thana- PATEPUR District- Vaishali
======================================================
Rinku Singh @ Rinku Devi W/O Ranjan Kumar Singh R/O Ramaulli, P.S-
Patepur, District - Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bipul Kumar Son of Baiju Kumar Yadav Resident of Mahmadpur
Dharm@Maruahan, P.S.- Sakra, Muzaffarpur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amresh Kumar Sinha
For the Opposite Party/s : Mr.Ajay Kumar Jha
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 23-02-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection with
Patepur P.S. Case No. 46 / 2025 dated 16.02.2025 registered
under Sections 137, 96 of the B.N.S. 2023.
3. As per the prosecution case on 12.02.2025 the sister of the
informant aged about 17 years went for coaching in the morning
hours but she did not return. The informant tried to search his
sister and came to know that she used to talk with some person
on mobile phone. It has been alleged that some unknown person
has kidnapped the minor sister of the informant for the purpose
of marriage.
4. Learned counsel for the petitioner submits that petitioner is
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a lady and has not committed any offence in the manner alleged.
From perusal of the F.I.R. it is evident that the victim girl used
to talk with some boy on mobile phone. During course of
investigation the girl was found along with the co-accused
Pappu Kumar in a poultry farm and not with the petitioner. The
petitioner has no connection with the said Pappu Kumar. In the
statement recorded under Section 183 B.N.S.S. the victim girl
has stated that petitioner has got the marriage performed with
Pappu Kumar in court. No evidence has come during course of
investigation to show that marriage was performed between
Pappu Kumar and the victim in court.
5. On the other hand, learned counsel for the informant
vehemently opposed the prayer for anticipatory bail.
6. Regard being had to the submission made by the parties,
taking into consideration the fact that petitioner is a lady and
the victim in her statement under Section 183 of the B.N.S.S.
has only said that the petitioner is instrumental in performing
marriage of the victim along with Pappu Kumar in court but
there is no evidence to show that court marriage was performed
between Pappu Kumar and the victim, accordingly, I am
inclined to grant anticipatory bail to the petitioner.
7. Let the petitioner, above named, be released on
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anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
A.C.J.M. XIII cum Sub Judge XIV, Vaishali at Hajipur in
connection with Patepur P.S. Case No. 46 of 2025 subject to the
condition as laid down under Section 482 (2) of the B.N.S.S.
2023.
(Anil Kumar Sinha, J)
praful/-
U T
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