Patna High Court
Fudani Devi @ Fudali DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court held that, given the victim’s voluntary departure and the petitioners’ clean record, they are entitled to anticipatory bail.
Summary
The petitioners – Fudani Devi, Gourav Kumar and Shambhu Yadav – sought relief fearing arrest in a case registered under sections 137(2), 96 and 140(3) of the B.N.S. and section 4 of the POCSO Act, based on an FIR filed by informant Leelam Devi alleging kidnapping of a minor. The prosecution alleged that Gourav Kumar abducted the victim girl from her home on 1 February 2025 with the support of his family. The victim’s statement, however, disclosed that she was in a consensual relationship with Gourav, left home voluntarily at age seventeen, and later married him in Delhi, denying any kidnapping. The petitioners had no prior criminal record. Considering the victim’s voluntary departure, lack of criminal antecedent, and the absence of a kidnapping charge, the Court was inclined to grant anticipatory bail. Accordingly, the Court ordered that the petitioners be released on bail if arrested within four weeks, subject to specified conditions.
Issues considered
- Whether the petitioners are entitled to anticipatory bail in view of the allegations under the B.N.S. and POCSO Act.
- Whether the victim’s voluntary departure negates the offence of kidnapping under sections 137(2), 96 and 140(3) of the B.N.S.
- Whether the alleged conduct falls within the ambit of section 4 of the POCSO Act.
Legislation cited
- B.N.S. — s. 137(2), 140(3), 96
- Protection of Children from Sexual Offences Act, 2012 — s. 4
Subjects
- anticipatory bail
- kidnapping
- POCSO Act
- criminal antecedent
- victim consent
- B.N.S.
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74062 of 2025
Arising Out of PS. Case No.-51 Year-2025 Thana- ALOULI District- Khagaria
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1. Fudani Devi @ Fudali Devi W/o Shambhu Yadav R/o Village- Madhupar,
P.S.- Alouli, District- Khagaria at present R/o Village- Sanjhoti, P.S.- Alouli,
District- Khagaria
2. Gourav Kumar @ Gorav Kumar S/o Shambhu Yadav R/o Village-
Madhupar, P.S.- Alouli, District- Khagaria at present R/o Village- Sanjhoti,
P.S.- Alouli, District- Khagaria
3. Shambhu Yadav S/o Late Jugo Yadav R/o Village- Madhupar, P.S.- Alouli,
District- Khagaria at present R/o Village- Sanjhoti, P.S.- Alouli, District-
Khagaria
... ... Petitioner/s
Versus
1. The State of Bihar
2. Leelam Devi W/o Ranveer Yadav R/o Village- Sanjhouti, Ward No. 10, P.S.-
Alouli, District- Khagaria
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Chandan Kumar Kashyap, Advocate
For the Opposite Party/s : Mr. Jitendra Kumar Singh No. 1, APP
For the Informant : Mr. Rajesh Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 20-02-2026 Heard Mr. Chandan Kumar Kashyap, learned counsel
for the petitioners and the Mr. Jitendra Kumar Singh, learned
APP as also Mr. Rajesh Kumar representing the informant.
2. The petitioners are apprehending their arrest in
connection with Alouli P.S. Case No. 51 of 2025 for the offence
registered under sections 137(2), 96 and 140(3) of the B.N.S.
and section 4 of the POCSO Act lodged on 05.02.2025 by the
informant, Leelam Devi.
3. As per the prosecution story, the informant who is
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mother of the victim alleged that on 01.02.2025, as her daughter
was sleeping with the grandmother, the petitioner no. 2, Gaurav
Kumar entered the house and took away her daughter and he
was well supported by her family members. This led to the FIR.
4. On 19.11.2025, this Court while issuing notice to
the opposite party no. 2, gave a direction for providing the case
diary, the criminal antecedent report as also the statement of the
victim girl. The same have been received and this Court has
gone through the statement made by the victim girl, according
to which, she was in relationship with the petitioner no. 2,
Garurav Kumar which was opposed by the family members and
as such, she left her home on 01.02.2025. She called Gaurav
Kumar (petitioner no. 2) and thereafter, they went to Delhi and
tied nuptial knots. The age of the victim has been recorded as
seventeen years but as per her statement, she left the place on
her own and no charge of kidnapping has been made.
4. Learned counsel for the petitioners submit that in
such relationship, not only the family members oppose it, once
the girl leaves the home on her own, the entire family members
are made accused. The petitioner no. 1, Fudani Devi is the
mother of the petitioner no. 2 while petitioner no. 3, Shambhu
Yadav is his father.
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5. Learned counsel for the informant on the other
hand opposes the prayer submitting that the girl was not major.
6. Taking into account the submissions of the parties
as also the statement of the victim girl that she left the home on
her own and has not alleged anything against these petitioners as
also they have no criminal antecedent, in that background, this
Court is inclined to extend them the privilege of anticipatory
bail with conditions.
7. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned Chief Judicial Magistrate, Khagaria in
connection with Alouli P.S. Case No. 51 of 2025 subject to the
following conditions:
(i) one of the bailor should be the family
member/relative of the petitioners who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
License) to show his/her bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
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bail bond by the Trial Court itself;
(iii) the petitioners shall be appearing before the
Police Station as and when required for cooperating in the
investigation;
(iv) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of their bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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