Patna High Court

Sanju Devi @ Sangita DeviversusThe State of Bihar

Decided: 5 February 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is allowed to the petitioners.

Summary

The petitioners, Sanju Devi, Mukesh Rai and Sita Kumari, who are mother, brother and sister of co-accused Nitish Kumar, were named in a kidnapping case that also alleges rape of an informant's daughter. The FIR charges them under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, but the victim’s statement recorded under Section 183 BNSS does not name them. They filed an anticipatory bail application, asserting innocence, clean antecedent and that they were implicated merely due to family ties. The State opposed the bail. The Court, considering the lack of specific allegation against them and the victim’s statement, granted anticipatory bail subject to a bail bond and sureties, with conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioners who are named in the FIR but not specifically alleged in the victim’s statement.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Bharatiya Nyaya Sanhita — s. 137(2), 183, 96

Subjects

anticipatory bail
kidnapping
rape
Bharatiya Nyaya Sanhita
Bharatiya Nagarik Suraksha Sanhita
Section 137
Section 96
Section 183
Section 482
family members liability
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74551 of 2025
                    Arising Out of PS. Case No.-229 Year-2024 Thana- JURAWANPUR District- Vaishali
                 ======================================================
           1.     Sanju Devi @ Sangita Devi W/o- Veerchandra Rai RO Village- Raghopur
                  West PS- Jurawanpur District- Vaishali
           2.    Mukesh Rai @ Mukesh Kumar S/o- Veerchandra Rai RO Village- Raghopur
                 West PS- Jurawanpur District- Vaishali
           3.    Sita Kumari D/o Veer Chandra Rai RO Village- Raghopur West PS-
                 Jurawanpur District- Vaishali

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Manish Chandra Gandhi, Advocate
                 For the Opposite Party/s :       Mr. Harendra Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   05-02-2026                    Heard learned counsel for the petitioners and the

                   State.

                                2. Petitioners apprehend arrest in a case registered for

                   the offences punishable under Sections 137(2), 96 of the

                   Bharatiya Nyaya Sanhita.

                                3. As per prosecution case, all the F.I.R. named

                   accused persons, including these petitioners, are alleged to have

                   kidnapped the daughter of informant. Co-accused Nitish Kumar

                   is alleged to have committed rape with the daughter of

                   informant.

                                4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.74551 of 2025(3) dt.05-02-2026
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          petitioners are innocent and have committed no offence.

          Petitioner no. 1 is mother, petitioner no. 2 is brother and

          petitioner no. 3 is sister of co-accused Nitish Kumar against

          whom there is specific accusation of commission of rape.

          Victim in her statement recorded under Section 183 BNSS has

          not named these petitioners and they have been made accused in

          this cases merely because they happen to be family members of

          co-accused Nitish Kumar. There is no allegation of any specific

          overt act against these petitioners. Petitioners claim clean

          antecedent.

                       5. Learned A.P.P. for the State vehemently opposed

          the bail application.

                       6. Considering the nature of accusation and statement

          of the victim recorded under Section 183 BNSS, this

          anticipatory bail is allowed and it is ordered that let the above

          named petitioners in the event of their arrest/surrender before

          the court below within a period of eight weeks from today, be

          enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten

          thousand) each with two sureties of the like amount each to the

          satisfaction of Additional Chief Judicial Magistrate-14, Vaishali

          at Hajipur in connection with Jurawanpur P. S. Case No. 229 of

          2024, subject to condition as laid down under Section 482(2) of
              Patna High Court CR. MISC. No.74551 of 2025(3) dt.05-02-2026
                                                          3/3




                        the Bharatiya Nagarik Suraksha Sanhita, 2023.



                                              (Prabhat Kumar Singh, J)
Navya/-

U         T

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