Patna High Court
Chanda DeviversusThe State Of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioners with specified conditions under Section 438(2) of the Criminal Procedure Code.
Summary
The petitioners, parents of Chanda Devi and Virendra Paswan, sought anticipatory bail after an FIR was lodged under sections 96, 137(2) and 3(5) of the BNS alleging that their son Sunil Kumar had lured and abused the informant's daughter. The girl later returned, married Sunil, and withdrew any allegations, filing a statement under Section 183 of the BNSS. The court noted the steps taken by the State, including the formation of a Special Investigation Team that led to the girl's recovery. Considering that the petitioners were not directly implicated and were adults acting independently, the court granted anticipatory bail with conditions under Section 438(2) of the Criminal Procedure Code. The bail order required a cash bond, sureties, appearance before the trial court, and prohibitions against tampering with evidence or committing further offences.
Issues considered
- Whether the petitioners are entitled to anticipatory bail under Section 438(2) of the Cr.P.C.
- Whether the facts disclosed, including the withdrawal of the complainant's allegations, justify granting bail.
- Whether the conditions imposed are sufficient to safeguard the trial process.
Legislation cited
- BNS — s. 137(2), 3(5), 96
- BNSS — s. 183
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- Criminal Procedure Code
- BNS
- BNSS
- FIR
- bail conditions
- witness tampering
- parental liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.75243 of 2025
Arising Out of PS. Case No.-365 Year-2025 Thana- MUFFASIL District- West Champaran
======================================================
1. Chanda Devi Son of Virendra Paswan R/o Lalgarh, Ward No. 05, P.S. -
Bettiah Muffasil, District - West Champaran.
2. Virendra Paswan Son of Pundeo Paswan R/o Lalgarh, Ward No. 05, P.S. -
Bettiah Muffasil, District - West Champaran.
... ... Petitioner/s
Versus
The State Of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Kumar Gupta, Adv.
For the Opposite Party/s : Mr. Jitendra Kumar Singh, APP
For the informant : Mrs. Kumari Akansha Rai, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
5 10-04-2026 Heard Mr. Umesh Kumar Gupta, learned Counsel
for the petitioners and learned APP, Mr. Jitendra Kumar Singh
for the State as also Mrs. Kumari Akanksha Rai representing the
informant.
2. The petitioners apprehend their arrest in connection
with Bettiah Mufassil P.S. Case No. 365 of 2025 for the offence
registered under sections 96, 137(2), 3(5) of BNS.
3. As per the prosecution story, the informant alleged
that his daughter has been lured by the son of the two
petitioners, namely, Sunil Kumar and when confronted, was
abused. This led to the FIR.
4. When the parents moved before this Court in the
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present case, as the girl was not recovered till then, this Court
directed the S.P., West Champaran to constitute a team under
Dy.S.P. so that the girl can be recovered and the two petitioners
will be providing their mobile numbers so that the whereabouts
of Sunil Kumar is also ascertained. Immediately thereafter, the
result came and the girl presented herself in Majhaulia Police
Station. The statement made under Section 183 of BNSS
records that she is eighteen years of age, married the petitioners’
son, Sunil and has not alleged anything against the present
petitioners.
5. Learned counsel for the petitioners submit that the
parents have no role to play in the matter, both are adults and
moved on their own, they got implicated.
6. Learned counsel representing the informant on the
other hand submits that the girl upon return, narrated a different
story but then, when the statement before the Court is different,
nothing further is to be added.
7. This Court would like to appreciate the steps taken
by the learned APP, Mr. Jitendra Kumar Singh in
communicating with the S.P., West Champaran which led to the
constitution of SIT and subsequent recovery of the girl followed
by the affidavit filed on behalf of the police officials.
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8. Taking into account the aforesaid facts, this Court is
inclined to grant them the anticipatory bail with conditions.
7. Let the petitioners in the event of arrest or
surrender within a period of four weeks from the date of receipt
of the order, shall be released on anticipatory bail on furnishing
bail of Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Chief Judicial
Magistrate, West Champaran, Bettiah in connection with Bettiah
Mufassil P.S. Case No. 365 of 2025 subject to condition as laid
down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
members/relatives of the petitioners, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his 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 his bail
bond by the Trial court itself;
(iii) 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;
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(iv) the petitioners shall desist from committing any
criminal offence again failing which the State shall be at liberty
to take steps for cancellation of the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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