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Patna High Court

Raj Kumari DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
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          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


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