Patna High Court
Vina DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Negotiable Securities Act, 2023 — s. 137, 3(5), 64, 96
- Criminal Procedure Code — s. 482(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 4, 6
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
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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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