Patna High Court
Raj Kumari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The court granted anticipatory bail to the petitioner, directing release on bail subject to conditions under Section 482(2) of the B.N.S.
Summary
Petitioner Raj Kumari Devi applied for anticipatory bail in a case registered under Sections 137(2), 96 and 3(5) of the B.N.S, alleging that she was falsely implicated in the alleged kidnapping of her 12‑year‑old daughter for a forced marriage. The informant claimed the daughter was abducted and could be killed, but the child later returned and gave a statement under Section 183 of the B.N.S that did not support the prosecution. The petitioner’s counsel highlighted her clean antecedents and the lack of corroboration, while the State opposed bail but acknowledged the victim’s non‑supportive statement. The court considered the facts, the victim’s statement, and the provisions of Section 482(2) of the B.N.S, and ordered that the petitioner be released on bail with a bond of Rs.10,000 and two sureties, subject to conditions. The anticipatory bail application was therefore allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
Legislation cited
- B.N.S. — s. 137(2), 183, 3(5), 482(2), 96
Subjects
- anticipatory bail
- kidnapping
- forced marriage
- false implication
- minor
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77778 of 2025
Arising Out of PS. Case No.-16 Year-2025 Thana- RATANPUR District- Supaul
======================================================
Raj Kumari Devi Wife of Jagdev Yadav Resident of village - Lalman Patti
Ward No. 5, P.S.- Ratanpura, District - Supaul
... ... Petitioner/s
Versus
1. The State of Bihar
2. Rita Devi Wife of Maheshwari Yadav Resident at Lalmanpatti, P.S.-
Ratanpura, District - Supaul
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bindeshwar Prasad Singh
For the Opposite Party/s : Mr.Syed Mojibur Rahman
Mr.Chandra Bhushan Prasad (LD APP)
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
4 24-03-2026 1. Heard learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks bail in anticipation of her
arrest in a case registered for the offences punishable under
Sections 137(2), 96, 3(5) of the B.N.S.
3. The learned counsel for the petitioner submits
that the petitioner is a person with clean antecedent and is a
woman and the informant alleges that her minor daughter
aged about 12 years had gone to attend call of nature when
she was kidnapped by the accused persons including the
petitioner with an intent to get her married. Further, alleges
Patna High Court CR. MISC. No.77778 of 2025(4) dt.24-03-2026
2/3
that accused persons can kill her daughter.
4. The learned counsel for the petitioner submits
that petitioner has been falsely implicated in the instant case
by the informant. It is further submitted that date of
occurrence is 05.03.2025 and the FIR came to be instituted
on 08.03.2025. It is next submitted that victim has come
back and her statement was recorded under Section 183 of
BNSS wherein she has not supported the case of the
prosecution.
5. Learned A.P.P. opposes the anticipatory bail
application, but then, fairly submits that a counter-affidavit
has been filed wherein it has been specifically stated that
the victim in her statement recorded under Section 183 of
BNSS has not supported the case of the prosecution.
6. After considering the learned counsel for the
parties, the petitioner, above-named, in the event of her
arrest or surrender before the learned Court below within a
period of six weeks, is directed to be released on bail on her
furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees
Ten Thousand) with two sureties of the like amount each to
the satisfaction of the learned Trial Court where the case is
Patna High Court CR. MISC. No.77778 of 2025(4) dt.24-03-2026
3/3
pending/successor Court in connection with Ratanpura P. S.
Case No.16 of 2025, subject to the conditions laid down
under Section 482(2) of the B.N.S.S.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
Checking your session…