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Patna High Court

Chanda DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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.
          Patna High Court CR. MISC. No.7383 of 2026(3) dt.22-04-2026
                                                      3/3




                                 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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