Patna High Court
Mamta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court held that the petitioners have a prima facie case for pre‑arrest bail and directed their release on bail.
Summary
Mamta Devi and Vimla Devi, mother and grandmother of the accused Basist Kumar, applied for pre‑arrest bail in a kidnapping case involving a minor girl under Sections 96 and 3(5) of the BNS and Sections 8 and 12 of the POCSO Act. The FIR alleged that Basist Kumar kidnapped the girl, but the victim’s statement recorded under Section 183 BNSS indicated that the father had lodged a false case. The petitioners argued that no specific allegation was made against them, they have clean antecedents, and the main accused had already been released on bail. The State opposed the bail. The Court, after considering the submissions, held that the petitioners had made out a prima facie case for bail and ordered their release on pre‑arrest bail subject to conditions under Section 482(2) of the BNSS.
Issues considered
- Whether the petitioners can be granted pre‑arrest bail under Section 482(2) of the BNSS in a case registered under Sections 96, 3(5) of the BNS and Sections 8, 12 of the POCSO Act.
- Whether the allegations in the FIR against the co‑accused Basist Kumar extend to the petitioners.
Legislation cited
Subjects
- pre‑arrest bail
- kidnapping
- POCSO Act
- false case
- clean antecedents
- Section 482
- bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6806 of 2026
Arising Out of PS. Case No.-223 Year-2025 Thana- RAJAON District- Banka
======================================================
1. Mamta Devi, Female, aged about 43 years, wife of Kundan Singh,
2. Vimla Devi, Female, aged about 61 years, wife of Late Shankar Singh,
Resident Of Village- Faizpur, PS- Rajoun, Dist -Banka
... ... Petitioner/s
Versus
1. The State of Bihar
2. Murari Singh son of Late Kailash Singh Resident Of Village- Faizpur, Ps-
Rajoun, Dist -Banka
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ravi Prakash Dwivedi, Advocate
Mr. Saurabh Raj, Advocate
For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
3 22-04-2026 Heard Mr. Ravi Prakash Dwivedi, learned counsel
appearing on behalf of the petitioners and Mr. Umeshanand
Pandit, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection
with Rajoun P.S. Case No. 223 of 2025, registered for the
offence punishable under Sections 96, 3(5) of the BNS and
Sections 8, 12 of the POCSO Act.
3. As per the allegation made in the FIR, one Basist
Kumar, son of petitioner no.1 had kidnapped the minor daughter
of the informant.
4. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and they have
falsely been implicated in the present case. Learned counsel
Patna High Court CR. MISC. No.6806 of 2026(3) dt.22-04-2026
2/3
further submitted that petitioner no. 1 is mother and petitioner
no. 2 is grandmother of the co-accused Basist Kumar and no
case under Sections 96 and 3(5) of the BNS is made out against
the petitioners, particularly in view of the specific allegations
being made against the said co-accused Basist Kumar, who has
already been released on pre-arrest bail vide order dated
01.04.2026 passed in Criminal Miscellaneous No. 12564 of
2026 on the ground that the victim girl in her statement recorded
under Section 183 BNSS has stated that her father had lodged a
false case against Basist Kumar and he had not kidnapped her.
Petitioners have clean antecedents. On these grounds,
petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf
of the parties, as well as, the fact that petitioner no. 1 is mother
and petitioner no. 2 is grandmother of the main co-accused
Basist Kumar, against whom specific allegation has been made
in the FIR and he has already been released on pre-arrest bail
vide order dated 01.04.2026 passed in Criminal Miscellaneous
No. 12564 of 2026 on the ground that the victim girl in her
statement recorded under Section 183 BNSS has stated that her
Patna High Court CR. MISC. No.6806 of 2026(3) dt.22-04-2026
3/3
father had lodged a false case against Basist Kumar and he had
not kidnapped her. Petitioners have clean antecedents. I am of
the opinion that petitioners have, prima facie, made out a case to
be released on pre-arrest bail.
7. The petitioners, above named, are directed to be
released on pre-arrest bail, in the event of their arrest or
surrender before the learned District Court within a period of
four weeks from today, on 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 District Court
where the case is pending, in connection with Rajoun P.S. Case
No. 223 of 2025, subject to the condition as laid down under
Section 482(2) of the BNSS.
8. The learned District Court is directed to verify
the criminal antecedent of the petitioners as stated in
paragraph no. 3 of the bail application. If any other case is
pending against the petitioners as what has been stated in
paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J)
Niraj/-
U T
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