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Patna High Court

Godaniya DeviversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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 The application concerning petitioner No.2 was dismissed as withdrawn.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

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/-

U         T


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