Patna High Court

Krishna DeviversusThe State of Bihar

Decided: 5 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied because the seriousness of the allegations and the victim’s statement under Section 183 BNSS warranted the continuation of the criminal proceedings.

Summary

The petitioner, Krishna Devi, sought anticipatory bail after being implicated in a case registered under Sections 137(2) and 140(3) of the Bharatiya Nyaya Sanhita for allegedly assisting her brother in kidnapping a minor girl and threatening her to facilitate a marriage. The prosecution’s case relied on the victim’s statement recorded under Section 183 of the BNSS. The petitioner argued that she feared arrest and therefore applied for anticipatory bail. The Court examined the seriousness of the alleged offences, the existence of a recorded victim statement, and the statutory criteria for granting anticipatory bail. Considering the nature of the accusations and the victim’s statement, the Court refused the petition for anticipatory bail.

Issues considered

Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita in view of the alleged kidnapping and threat offences.

Legislation cited

Bharatiya Nyaya Sanhita — s. 137(2), 140(3), 183

Subjects

anticipatory bail
kidnapping
threat
marriage
Bharatiya Nyaya Sanhita
Section 183 BNSS
criminal procedure

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.82550 of 2025
                  Arising Out of PS. Case No.-370 Year-2024 Thana- DALSINGHSARAI District- Samastipur
                  ======================================================
                  Krishna Devi W/O Vijay Shankar Prasad R/O Village - Mustafapur, Bheath,
                  Pachiyari Tola, P.O- Bhibhutipur, P.S- Bhibhutipur, District - Samastipur

                                                                                  ... ... Petitioner/s
                                                       Versus
            1.    The State of Bihar
            2.    Dinesh Sharma S/O Late Ramdeo Sharma R/O Vill.- Shahpur Pagra, Ward
                  no.- 02, P.S and post - Dalshing Sarai, Dist- Samastipur

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s     :      Mr. Abhay Kumar, Advocate
                  For the Opposite Party/s :      Mr. Ram Priya Sharan Singh, A.P.P.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                        ORAL ORDER

2    05-01-2026                  Heard learned counsel for the petitioner and the State.
                                 2. Petitioner apprehends arrest in case registered for
                    the offences punishable under Sections 137(2), 140(3) of the
                    Bharatiya Nyaya Sanhita.
                                 3. It is alleged that this petitioner assisted her brother
                    in kidnapping minor daughter of the informant and threatened
                    her to solemnize her marriage with the brother of this petitioner.
                    Victim in her statement recorded under Section 183 BNSS has
                    supported the prosecution case.
                                 4. Considering the nature of accusation and statement
                    of the victim recorded under Section 183 BNSS, prayer for
                    anticipatory bail of the petitioner is refused.



                                           (Prabhat Kumar Singh, J)
Navya/-
U       T

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