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Patna High Court

Mahendra ThatheraversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was refused for the petitioners.

Summary

Mahendra Thathera and his wife Minta Devi applied for anticipatory bail after being implicated in a kidnapping case (Case No. 306 of 2024) under Sections 137(2), 87 and 3(5) of the Bharatiya Nyaya Sanhita. The prosecution alleges that the informant's daughter was abducted on 26 November 2024 and remains missing, and that the petitioners were named in the FIR because they are parents of a co-accused, Kaushal Kumar. The petitioners contended they are innocent, have clean antecedents, and were falsely implicated. The court examined the seriousness of the offence, the fact that the victim is still untraced, and the lack of any material to suggest the petitioners' innocence. Considering these factors, the court refused the anticipatory bail application. The petition was dismissed.

Issues considered

  • Whether anticipatory bail can be granted to the petitioners under the Bharatiya Nyaya Sanhita in a kidnapping case where the victim is still missing.

Legislation cited

Subjects

  • kidnapping
  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • false implication
  • clean antecedent
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.71465 of 2025
                     Arising Out of PS. Case No.-306 Year-2024 Thana- Kadirganj P.S. District- Nawada
                 ======================================================
           1.     Mahendra Thathera S/o Late Ramprasad Thathera R/o vill - Anti, P.S.-
                  Kadirganj, Distt.- Nawada, Bihar
           2.    Minta Devi W/o Mahendra Thathera R/o vill - Anti, P.S.- Kadirganj, Distt.-
                 Nawada, Bihar

                                                                                     ... ... Petitioner/s
                                                         Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Devendra Prasad Singh, Advocate
                 For the Opposite Party/s :        Dr. Indiwar Kumari, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

6   17-02-2026                  Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in Kadirganj P. S. Case

                   No. 306 of 2024 registered for the offences punishable under

                   Sections 137(2), 87, 3(5) of the Bharatiya Nyaya Sanhita.

                                3. Prosecution story, in brief, is that on 26.11.2024 at

                   about 9 AM, daughter of the informant went to school but did

                   not return till 4 PM. During search, informant came to know

                   that all the F.I.R. named accused persons, including these

                   petitioners, kidnapped her daughter who is still traceless.

                                4. Learned counsel for the petitioners submits that

                   petitioners are innocent and have falsely been implicated in this
              Patna High Court CR. MISC. No.71465 of 2025(6) dt.17-02-2026
                                                          2/2




                        case merely because they are parents of co-accused Kaushal

                        Kumar, against whom there is specific accusation of kidnapping.

                        Petitioners claim clean antecedent.

                                     5. Considering the nature of accusation and the fact

                        that victim is still traceless, prayer for anticipatory bail of the

                        petitioners is refused.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T


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