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Patna High Court

Vina DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to bond and surety conditions.

Summary

Vina Devi, the petitioner, feared arrest in a case registered under Sections 137, 96, 64 and 3(5) of the Bihar Negotiable Securities Act, 2023 and Sections 4 and 6 of the POCSO Act, alleging that she and other family members were implicated in the kidnapping of a minor for marriage. She is the aunt of the accused, Lalit Kumar, who had earlier obtained regular bail. The petitioner argued that she has a clean record, is a woman, and that family members were only coerced to pressure the accused. The State opposed her anticipatory bail application. The Court, after considering the submissions, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, with the condition that she surrender within six weeks if arrested, invoking Section 482(2) of the Criminal Procedure Code.

Issues considered

  • Whether anticipatory bail should be granted to Vina Devi under the circumstances of alleged involvement in kidnapping and offences under the B.N.S., 2023 and POCSO Act.

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • child marriage
  • POCSO Act
  • bail conditions
  • Criminal Procedure Code

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.78658 of 2025
                         Arising Out of PS. Case No.-56 Year-2025 Thana- RIGA District- Sitamarhi
                 ======================================================
                 Vina Devi S/O Binod Mahto Resident of village - Shiv Nagar, P.S.
                 -Riga,District Sitamahri
                                                                  ... ... Petitioner/s
                                            Versus
           1.     The State of Bihar
           2.     Gangajal Devi W/O Jodhan Mahto Resident of village - Shiv Nagar, Ward
                  no.- 8, P.S. -Riga,District- Sitamahri
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Birendra Kumar, Advocate
                 For the Opposite Party/s :        Mr. Arun Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   09-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. Petitioner apprehends her arrest in a case registered

                   for the offences punishable under Sections 137, 96, 64 and 3(5) of

                   B.N.S., 2023 as well as Sections 4 and 6 of the POCSO Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman and

                   the informant alleges that the petitioner along with co-accused

                   persons kidnapped her minor daughter for the purposes of

                   marriage. It is next submitted that thereafter a search was made but

                   the victim could not be traced out and on 13.02.2025 the accused

                   persons left the informant’s daughter in the village and fled away

                   from there. It is next alleged that informant’s daughter disclosed

                   that Lalit Kumar committed wrong with her. It is further submitted

                   that Lalit Kumar had approached this Court seeking regular bail by
               Patna High Court CR. MISC. No.78658 of 2025(2) dt.09-01-2026
                                                           2/2




                         filing Cr. Misc. No.48302 of 2025 and the same came to be

                         allowed by an order dated 18.08.2025 passed by a learned

                         Coordinate Bench. It is also submitted that petitioner is a woman

                         and she came to be implicated in the instant case being aunt of

                         Lalit Kumar. It is next submitted no aunt would help her own

                         nephew in kidnapping a victim. It is further submitted that family

                         members were implicated only to coerce Lalit Kumar into

                         submission.

                                      4.   Learned APP opposes                the   anticipatory   bail

                         application.

                                      5. Considering the submissions made by the learned

                         counsel for the petitioner, let petitioner, above-named, in the event

                         of her arrest or surrender before the learned trial court within a

                         period of six weeks from today, be released on anticipatory bail on

                         furnishing bail bonds 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 pending/Successor Court in

                         connection with Riga P.S. Case No.56 of 2025, subject to the

                         conditions as laid down under Section 482(2) of B.N.S.S.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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