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Patna High Court

Mosmat Uma Devi @ Musmat Uma DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court allowed anticipatory bail to the petitioners, subject to conditions, as there was no specific allegation of an overt act against them.

Summary

Mosmat Uma Devi and Mahesh Yadav sought anticipatory bail fearing arrest in a case where the informant alleged that his minor daughter eloped with Arun Yadav, who is the son and brother of the petitioners. The prosecution alleged that the petitioners, being close relatives of Arun Yadav, aided the elopement and obstructed investigation. The petitioners contended they had no knowledge of the elopement, the victim later testified that she went voluntarily, and they have clean antecedents. The State opposed bail, claiming the petitioners were complicit and had concealed the victim’s whereabouts. The Court, noting the victim’s recovery, lack of specific overt act against the petitioners, and the victim’s statement, granted anticipatory bail subject to conditions under Section 438(2) CrPC and Section 482(2) BNSS, directing verification of the victim’s statement and imposing surety and appearance requirements. The application was allowed.

Issues considered

  • Whether anticipatory bail can be granted under Section 438 CrPC when there is no specific allegation of an overt act against the petitioners.
  • Whether the petitioners’ alleged relationship with the alleged perpetrator warrants denial of bail.
  • Whether the victim’s voluntary statement and recovery affect the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 CrPC
  • criminal procedure
  • bail conditions
  • elopement
  • victim statement
  • false implication

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.85330 of 2025
                  Arising Out of PS. Case No.-185 Year-2025 Thana- SRINAGAR District- West Champaran
                 ======================================================
           1.     Mosmat Uma Devi @ Musmat Uma Devi W/o Late Madan Yadav R/o
                  Village - Ranaha Ghorahiya, P.S - Sirisiya, District - West Champaran
           2.    Mahesh Yadav @ Muklesh Yadav S/o Late Madan Yadav R/o Village -
                 Ranaha Ghorahiya, P.S - Sirisiya, District - West Champaran

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sarvesh Kashyap, Adv.
                 For the informant                Mr. Mayank Mohon, Adv.
                 For the Opposite Party/s :       Mr.Zainul Abedin, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioners, learned

                   counsel for the informant and learned Additional Public

                   Prosecutor for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Srinagar P.S. Case No. 185 of 2025 dated 30.07.2025

                   registered for the offences punishable under Sections 137(2), 96,

                   351(2) and 3(5) of the B.N.S.

                                3. As per the prosecution case, the informant has

                   alleged that his minor daughter had gone to attend the call of

                   nature and it is alleged that the co-accused namely Arun Yadav

                   made her sit on a motorcycle and both fled away. It has further

                   been alleged that when the informant went to the house of Arun
Patna High Court CR. MISC. No.85330 of 2025(2) dt.15-01-2026
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          Yadav, his mother and brother (petitioners) abused him and

          threatened him to go away.

                       4. The learned counsel for the petitioners submit that

          petitioners are innocent and have falsely been implicated in this

          case and they have no concern whatsoever with the elopement of

          the informant’s daughter with the said Arun Yadav, who happens

          to be the son and brother of the petitioners respectively.    It has

          further been submitted that the petitioner no. 1 is a widow and the

          petitioner no. 2 is her son and they were not aware of the

          elopement of the said Arun Yadav along with the victim. It has

          further been submitted that when the impugned order was passed,

          the victim was traceless but the victim has been traced and her

          statement has been recorded by the police wherein she has not

          alleged any specific overt act against these petitioners and she has

          also stated that she had gone with Arun Yadav out of her own

          sweet will. It has lastly been submitted that the petitioners have

          clean antecedent.

                       5. The learned A.P.P. for the State and learned counsel

          for the informant have vehemently opposed the prayer for

          anticipatory bail of the petitioners and submitted that these

          petitioners were hand in gloves with the said Arun Yadav and they

          had deliberately not disclosed the whereabouts of the victim and
Patna High Court CR. MISC. No.85330 of 2025(2) dt.15-01-2026
                                            3/4




          despite being given chance to trace the victim along with their son

          and brother respectively, they did not help in investigation and

          therefore the bail application should not be entertained.

                       6. Considering the aforesaid submissions made by the

          parties and taking into account the facts and circumstances of the

          case that the victim has been recovered and there is no specific

          allegation of overt act against these petitioners, the petitioners

          above named, are directed to be released on anticipatory bail, in

          the event of arrest or surrender before the Court below within a

          period of four weeks from today, on furnishing bail-bonds of Rs.

          10,000/-(Rupees Ten Thousand)each with two sureties of the like

          amount each to the satisfaction of the learned Court below where

          the case is pending/successor court in connection with Shrinagar

          P.S. Case No. 185 of 2025, subject to the conditions as laid down

          under Section 438(2) of the Code of Criminal Procedure read with

          corresponding Section 482(2) of BNSS as well as subject to the

          following conditions:-

                       (i) One of the bailors will be a close relative of the

          petitioners.

                       (ii) The petitioners shall remain physically present

          before the concerned Court on each and every date of the trial and

          shall cooperate in the investigation.
           Patna High Court CR. MISC. No.85330 of 2025(2) dt.15-01-2026
                                                       4/4




                                  (iii) In case of absence on two consecutive dates or in

                     violation of the terms of the bail, the bail bonds of the petitioners

                     will be liable to be cancelled by the Court concerned.

                                  (iv) The trial court shall verify the criminal antecedent

                     of the petitioners and in case, at any stage, it is found that the

                     petitioners have concealed their criminal antecedents, the trial

                     court shall take necessary steps for cancellation of bail bonds of

                     the petitioners. However, the acceptance of bail bonds in terms of

                     the above mentioned order shall not be delayed for purpose of or

                     in the name of verification.

                                  7. Learned trial court is directed to first verify the

                     factum of the recovery of the victim and shall also verify whether

                     the statement of the victim was recorded by the police and the

                     magistrate, if any, before accepting the bail.

                                  8. It is made clear that the observations, if any, made in

                     this order, shall be of no bearing during the trial.

                                  9. The application stands allowed.



                                              (Sourendra Pandey, J)
Gautam/-

U     T


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