Patna High Court
Babita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted because the victim’s statement did not support the prosecution and the petitioners have clean antecedents.
Summary
Babita Devi and Alok Kumar applied for anticipatory bail in a case registered under Sections 137(2) and 3(5) of the B.N.S., alleging that they were implicated in the alleged kidnapping of the informant’s minor daughter. The informant claimed the daughter was abducted, but the girl was later recovered and, under Section 183 of the B.N.S., gave a statement that did not support the prosecution’s case. The petitioners argued they have clean antecedents, and the petitioner‑1 is a woman, further contending that the allegations are general and omnibus. The State’s counsel could not rebut the fact that the victim’s statement was adverse to the prosecution. Relying on the victim’s non‑supportive statement and the petitioners’ clean record, the Court directed that anticipatory bail be granted subject to bail‑bond and surety conditions under Section 482(2) of the B.N.S. The application was allowed.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioners under Sections 137(2) and 3(5) of the B.N.S.?
- Does the victim’s statement recorded under Section 183 B.N.S. affect the merits of the prosecution’s case?
- Are the petitioners’ clean antecedents and the gender of petitioner‑1 relevant factors for anticipatory bail?
Legislation cited
- B.N.S. — s. 137(2), 183, 3(5), 482(2)
Subjects
- anticipatory bail
- kidnapping
- victim statement
- clean antecedent
- Section 137
- Section 3(5)
- Section 183
- Section 482
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86184 of 2025
Arising Out of PS. Case No.-223 Year-2025 Thana- MANSI District- Khagaria
======================================================
1. Babita Devi W/o Dilip Singh Resident of Village - Dharamchak, P.S -
Mansi, District - Khagaria
2. Alok Kumar S/o Dilip Singh Resident of Village - Dharamchak, P.S - Mansi,
District - Khagaria
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Pankaj Kumar
For the Opposite Party/s : Ms.Asha Devi
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
5 23-02-2026 1. Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners seek bail in anticipation of their
arrest in a case registered for the offences punishable under
Sections 137(2) and 3(5) of the B.N.S.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and petitioner
no.1 is a woman and the informant in sum and substance alleges
that his minor daughter was kidnapped by the accused persons
including the petitioners.
4. It is submitted that daughter of the informant was
in love with Gokul and had eloped. It is further submitted that
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the victim has been recovered and her statement has been
recorded under Section 183 B.N.S.S. wherein she has not
supported the case of the prosecution and has been sent to
Remand Home, Bhagalpur. It is further submitted that petitioner
no.1, being aunt of Gokul, came to be implicated with general
and omnibus allegation.
5. Learned A.P.P. is not in a position to rebut the
submission of the learned counsel appearing on behalf of the
petitioner based on instruction that the victim has been
recovered and her statement has been recorded under Section
183 BNSS wherein she has not supported the case of the
prosecution.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
anticipatory bail on their furnishing bail-bonds in the sum of Rs.
5,000/- (Rupees Five Thousand) each 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
Mansi P. S. Case No.223 of 2025 corresponding to GR No.2675
of 2025, subject to the conditions laid down under Section
Patna High Court CR. MISC. No.86184 of 2025(5) dt.23-02-2026
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482(2) of the B.N.S.S.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
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