Patna High Court
Mahendra ThatheraversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bharatiya Nyaya Sanhita — s. 137(2), 3(5), 87
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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