Patna High Court
Godaniya DeviversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to petitioners No.1 and No.3 subject to conditions and allowed the withdrawal of the application for petitioner No.2.
Summary
The petitioners, comprising a mother, her brother and a husband, sought anticipatory bail in a criminal case (Nautan PS Case No. 407 of 2025) filed under Sections 137(2), 87 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, alleging false implication and an undue delay in lodging the FIR. Petitioner No.2, who had already been arrested, requested withdrawal of his application, which the Court permitted. The Court examined the claim that the co‑accused Sandeep Ram had taken a minor (later clarified as a major) and that the petitioners had clean antecedents and were willing to cooperate with the investigation. The State opposed the anticipatory bail. Considering the facts, the Court granted conditional anticipatory bail to petitioners No.1 and No.3, subject to surrender or arrest within six weeks, a bail bond of Rs 10,000 each with two sureties, and compliance with Section 482(2) of the B.N.S., 2023. The application concerning petitioner No.2 was dismissed as withdrawn.
Issues considered
- Whether anticipatory bail can be granted to petitioners No.1 and No.3 under the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether the petitioner's application for withdrawal of the criminal miscellaneous application for petitioner No.2 can be permitted.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 137(2), 3(5), 482(2), 87
Subjects
- anticipatory bail
- false implication
- delay in FIR
- Bharatiya Nagarik Suraksha Sanhita
- Section 137
- Section 87
- Section 3(5)
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78168 of 2025
Arising Out of PS. Case No.-407 Year-2025 Thana- NAUTAN District- West Champaran
======================================================
1. Godaniya Devi Wife of Jhagru Ram Resident Of Village- Naya Tola
Bhariharwa Police Station- Bairiya District- West Champaran
2. Jhagru Ram son of Late Mahantha Ram Resident Of Village- Naya Tola
Bhariharwa Police Station- Bairiya District- West Champaran
3. Ravinder Kumar son of Jhagru Ram Resident Of Village- Naya Tola
Bhariharwa Police Station- Bairiya District- West Champaran
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate.
For the Opposite Party/s : Mr. Parmanand Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 05-01-2026 1. Learned counsel for the petitioners submits that
petitioner no.2 has been arrested and accordingly, he seeks
permission to withdraw the present Cr. Misc. Application with
respect to petitioner no.2.
2. Permission, as prayed for, is granted.
3. Accordingly, the present Cr. Misc. Application
stands dismissed as withdrawn with respect to petitioner no.2.
4. Heard learned counsel for the petitioner nos.1 & 3
and learned A.P.P. for the State.
5. The petitioner nos. 1 & 3 apprehends their arrest in
connection with Nautan P.S. Case No.407 of 2025 instituted
Patna High Court CR. MISC. No.78168 of 2025(2) dt.05-01-2026
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under Sections 137(2), 87, 3(5) of the B.N.S., 2023.
6. As per the prosecution case, co-accused Sandeep
Ram has taken the minor daughter of the informant on his
motorcycle. It is alleged that despite the assurance given by the
petitioner nos.1 & 3 that the victim will be returned, but she did
not returned. It is further alleged that the accused persons
threaten to implicate the informant in a false case.
7. Learned counsel for the petitioner nos.1 & 3
submits that petitioner no.1 is the mother and petitioner no.3 is
the brother of co-accused Sandeep Ram and they are innocent
and have been falsely implicated in this case. He further submits
that the allegation against the petitioner nos.1 & 3 are false,
concocted and general in nature. Learned counsel submits that
there is an inordinate delay in lodging the F.I.R. without any
plausible explanation. He further submits that co-accused
Sandeep Ram and the victim both are major. Learned counsel
submits that petitioner nos.1 & 3 have got clean antecedent and
they undertake to cooperate in the trial and investigation of the
present case.
8. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
9. Considering the facts and circumstances of the case
Patna High Court CR. MISC. No.78168 of 2025(2) dt.05-01-2026
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and submissions of learned counsel for the parties, in the event
of arrest or surrender before the Court below within six weeks
from today, the petitioner nos.1 & 3 be released on bail upon
furnishing bail bonds of Rs.10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount to each to the
satisfaction of the learned S.D.J.M., Bettiah, West Champaran in
connection with Nautan P.S. Case No.407 of 2025, subject to the
conditions laid down in Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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