Patna High Court
Bibha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court allowed the petition for anticipatory bail, subject to specified conditions.
Summary
Bibha Devi, mother of the alleged kidnapper Sachin Ray, applied for anticipatory bail fearing arrest in a case (G.R. No. 967 of 2025) involving offences under Sections 81, 83, 69 and 3(5) of the B.N.S., 2023. The prosecution alleged that she connived with her son in the kidnapping of an informant, but the petitioner argued that no specific allegation was made against her and that she had no knowledge of the crime. The State opposed the bail. The High Court examined the allegations, the petitioner’s clean antecedent, and the statutory provisions governing anticipatory bail. It granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S., including surety, presence in court, and verification of criminal antecedent. The order clarified that any observations made would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to Bibha Devi despite allegations of connivance in kidnapping.
- Whether the conditions imposed under Section 438(2) CrPC and Section 482(2) B.N.S. are appropriate.
Legislation cited
- B.N.S., 2023 — s. 3(5), 482(2), 69, 81, 83
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- kidnapping
- connivance
- Criminal Procedure Code
- B.N.S. 2023
- bail conditions
- mother of accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69015 of 2025
Arising Out of PS. Case No.-80 Year-2025 Thana- ANDHRATHARHI District- Madhubani
======================================================
Bibha Devi W/o Dilip Ray Resident of Ward No. 12, Village- Sahuriya, P.S.-
Andrathari, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ratnakar Jha, Advocate
For the Opposite Party/s : Mr. Rana Randhir Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. Petitioner apprehends her arrest in connection with
G.R. No. 967 of 2025 arising out of Andhrathari P.S. Case No.
80 of 2025 registered for the offences under Sections 81, 83, 69
and 3(5) of the B.N.S., 2023.
3. As per the prosecution story, the allegation against
the petitioner is that she being the mother of the main accused,
Sachin Ray, who is alleged to have kidnapped the informant and
later left her and ran away, has connived with him.
4. Learned counsel for the petitioner submits that
from perusal of the entire F.I.R., it would be evident that nothing
has been alleged against the petitioner and the only allegation
which has been levelled is that the main accused, Sachin Ray,
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had talked to her on her phone and thereafter he left her and
fled. It has further been submitted that the petitioner has nothing
to do with the fleeing of her son or even the allegation as far as
the kidnapping of the victim/informant for the purpose of
marriage was not known to the petitioner. It has next been
submitted that the petitioner has no say in the wishes of his son
who is now not ready to marry the victim girl. It has lastly been
submitted that the petitioner carries clean antecedent.
5. Learned APP for the State has vehemently opposed
the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and
circumstances of the case, let the petitioner above named be
released on anticipatory bail, in the event of arrest or surrender
before the learned Court below within a period of four weeks
from today, on furnishing bail bonds of Rs.10,000/-(ten
thousand) with two sureties of the like amount each to the
satisfaction of the learned Court below where the case is
pending/successor court in connection with G.R. No. 967 of
2025 arising out of Andhrathari P.S. Case No. 80 of 2025
subject to the conditions as laid down under Section 438(2) of
the Code of Criminal Procedure read with corresponding
Section 482(2) of B.N.S.S. as well as subject to the following
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conditions:-
(i) One of the bailors of the petitioner shall be his
close relative.
(ii) The petitioner shall remain physically present
in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or
in violation of the terms of the bail, the bail bond of
the petitioner will be liable to be cancelled by the
Court concerned.
(iv) If the petitioner is found involved in similar
nature of offence in future, the prosecution shall be
at liberty to move for cancellation of his bail bond.
(v) The learned Court below shall verify the
criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has
concealed his criminal antecedent, the court below
shall take step for cancellation of bail bond of the
petitioner. However, the acceptance of bail bonds in
terms of the above-mentioned order shall not be
delayed for purpose of or in the name of
verification.
7. Accordingly, the prayer for anticipatory bail is
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allowed.
8. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
(Sourendra Pandey, J)
aditya/-
U
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