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Patna High Court

Bibha DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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,
Patna High Court CR. MISC. No.69015 of 2025(4) dt.21-01-2026
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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
Patna High Court CR. MISC. No.69015 of 2025(4) dt.21-01-2026
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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
           Patna High Court CR. MISC. No.69015 of 2025(4) dt.21-01-2026
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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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