Patna High Court
Chanda DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court held that there is no prima facie case against the petitioner and therefore granted anticipatory bail.
Summary
Chanda Devi, a 55‑year‑old mother, was named in an FIR (Nokha PS Case No. 265 of 2025) under Sections 137(2), 87, 303(2), 352 and 3(5) of the Bhartiya Nyaya Sanhita, 2023 for allegedly enticing the informant’s daughter to run away with money and jewellery. The prosecution alleged that the daughter left with the petitioner’s son, while the petitioner’s counsel argued that she had no role in the disappearance and that the case diary only showed a love relationship between the son and the girl. The State opposed bail, citing that both the girl and the son were still missing. The court examined the diary, found no prima facie evidence linking the petitioner to the alleged offence, and noted her clean criminal record and lack of flight risk. Consequently, the court granted anticipatory bail, subject to a bond of Rs.30,000 and conditions under Section 482(2) of the BNS, 2023.
Issues considered
- Whether the petitioner is prima facie implicated in the offences alleged in the FIR
- Whether anticipatory bail is appropriate under the Bhartiya Nyaya Sanhita, 2023
- Whether the conditions of Section 2(1)(d) and Section 482(2) of the BNS, 2023 are satisfied
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 137(2), 2(1)(d), 303(2), 3(5), 352, 482(2), 87
Subjects
- anticipatory bail
- criminal procedure
- Bhartiya Nyaya Sanhita
- prima facie evidence
- missing person
- section 137
- section 87
- section 303
- section 352
- section 3(5)
- section 2(1)(d)
- section 482(2)
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7383 of 2026
Arising Out of PS. Case No.-265 Year-2025 Thana- NOKHA District- Rohtas
======================================================
Chanda Devi Wife of Bimlesh Prasad Resident of Village - Sitalpur, Nokha,
P.S.- Nokha, District - Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Krishna Pd. Singh, Senior Advocate
Mr. Rakesh Singh, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
3 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Nokha P.S. Case No. 265 of 2025, dated 05.08.2025,
lodged under Sections 137(2), 87, 303(2), 352 & 3(5) of the
Bhartiya Nyaya Sanhita, 2023 (hereinafter referred to as “BNS,
2023”).
3. As per the prosecution, the F.I.R. has been lodged
against five named accused persons, including the present
petitioner, with an allegation that the daughter of the informant
had gone to the market but did not return thereafter. Upon
verification, the informant came to know that she had gone with
Patna High Court CR. MISC. No.7383 of 2026(3) dt.22-04-2026
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one co-villager, namely Rakesh Kumar, on a motorcycle along
with another co-accused, namely Munmun Kumar. The
allegation against the petitioner is that she used to entice the
informant’s daughter, due to which the informant’s daughter left
her house carrying Rs. 75,000/-, a gold chain, and documents,
and she has not returned till date.
4. Learned senior counsel for the petitioner submits
that the petitioner is innocent and has committed no offence.
Counsel further submits that the specific allegation in the F.I.R.
is that the informant’s daughter went with the petitioner’s son
and both have not returned till date.
5. Senior counsel further submits that, with a view to
ascertain the role of the present petitioner, the case diary has
been called for. Counsel further submits that the petitioner,
being the mother, has the same anxiety for her son as the
informant, being the father of the daughter. Counsel further
submits that the petitioner is aged about 55 years and there is no
likelihood of her absconding in case bail is granted. It is also
submitted that the criminal antecedent of the petitioner is clean.
6. Learned A.P.P. for the State opposes the prayer for
bail of the petitioner and submits that both the victim girl and
the petitioner’s son have not returned till date.
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7. From the perusal of the case diary, it transpires to
this Court that the police has recorded the statement of one of
the friends of the victim girl, who has disclosed that the
petitioner’s son and the informant’s daughter were in a love
relationship and were in continuous contact with each other.
8. In view of the aforesaid facts and circumstances,
and considering that the involvement of the petitioner does not
prima facie appear from the case diary, let the above-named
petitioner be released on anticipatory bail, in the event of arrest
or surrender before the Trial Court within a period of 4 weeks
from today, on furnishing bail bond of Rs.30,000/- (Rupees
Thirty Thousand) as mentioned in Section 2(1)(d) of the BNSS,
2023 to the satisfaction of A.C.J.M.-I, Rohtas at Sasaram in
connection with Nokha P.S. Case No. 265 of 2025, subject to
the conditions as laid down U/s 482(2) of the BNSS, 2023.
(Dr. Anshuman, J.)
Aman Kumar/-
U T
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