Patna High Court
Umravati Devi @ Umarawati Devi @ Umrawati @ Umrawati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Bail was granted to the petitioners subject to bond and surety conditions.
Summary
The petitioners, Umravati Devi and Raj Kumar Chaudhary, sought bail after being implicated as conspirators in a kidnapping case involving the minor daughter of an informant. The charges were under sections 137(2), 96, 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023, while the specific kidnapping allegation targeted co‑accused Gyani Chaudhary. The petitioners were related to Gyani Chaudhary's first wife but no overt act was alleged against them. The State opposed bail, arguing the seriousness of the offences. The Court, after considering the lack of direct involvement, allowed bail on a bond of Rs.10,000 each with two sureties, subject to conditions under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioners, alleged conspirators without any overt act, are entitled to bail under the Bharatiya Nyaya Sanhita, 2023.
- Whether bail can be granted under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in the present circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 3(5), 351(2), 352, 96
Subjects
- bail
- kidnapping
- conspiracy
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83642 of 2025
Arising Out of PS. Case No.-223 Year-2025 Thana- BAIRIYA District- West Champaran
======================================================
1. Umravati Devi @ Umarawati Devi @ Umrawati @ Umrawati Devi W/o
Rajesh Chaudhary @ Rajesh Chaudhari R/o Vill- Bagahi Nimiya Tola, Ward
No. 08, P.S.- Bairiya, Distt- West Champaran
2. Raj Kumar Chaudhary @ Raj Kumar Chaudhari @ Raj Kumar S/o Ramjee
Chaudhary @ Ramji Chaudhari @ Ramji Chaudhary R/o Vill- Bagahi
Nimiya Tola, Ward No. 08, P.S.- Bairiya, Distt- West Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. Vidhawati Devi W/o Pannalal Chaudhari R/o Vill- Bahgahi Nimiya Tola,
Ward No. 8, P.S.- Bairiya, Distt- West Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Sarvesh Kashyap
For the Opposite Party/s : Mr.Md. Shakir Ahmad
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 04-02-2026 Heard learned counsel for the parties.
2. Petitioners apprehend arrest in a case registered for
the offence punishable under sections 137(2), 96, 352, 351(2)
and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Specific accusation of kidnapping of minor
daughter of informant is against co-accused Gyani Chaudhary.
Petitioners are alleged to be conspirators. Petitioner no.1 is
sister of first wife of Gyani Chaudhary, whereas petitioner no.2
is brother-in-law of first wife of Gyani Chaudhary and there is
no allegation of committing overt act against them.
4. Learned counsel for the State opposes the prayer
Patna High Court CR. MISC. No.83642 of 2025(3) dt.04-02-2026
2/2
for bail.
5. Considering the facts of the case, prayer for bail of
these petitioners is allowed. In the event of arrest/surrender
within a period of eight weeks from today, let these petitioners,
named above, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the District and Additional
Sessions Judge I cum Special Judge SC/ST Act, Bettiah, West
Champaran in Bairiya Police Station Case No. 223/2025,
subject to the conditions laid down under section 482 Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
shashi/-
U T
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