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Patna High Court

Renu DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court held that the petitioners are entitled to anticipatory bail, subject to conditions, as the FIR appears to be fabricated and they have a clean antecedent.

Summary

The petitioners, Renu Devi and Pankaj Kumar, parents of accused Anish Kumar, sought anticipatory bail in connection with FIR No.144 of 2025 alleging offences under Sections 64(1), 69, 89 and 3(5) of the Bihar Narcotic Substances Act, 2023. The prosecution alleged that the petitioners were involved in the illegal termination of a pregnancy and the subsequent death of the child. The petitioners contended that the FIR was fabricated, they have a clean antecedent, and they are being implicated merely because of their relationship to the co‑accused. The Court examined whether anticipatory bail could be granted despite the serious nature of the allegations and considered the conditions prescribed under Section 438(2) of the CrPC and Section 482(2) of the BNSS, 2023. Finding no material to deny bail and noting the petitioners' clean record, the Court granted anticipatory bail subject to strict conditions, including cooperation with the trial and no tampering with evidence or witnesses.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail despite being named in the FIR solely on the basis of their relationship to the co‑accused.
  • Whether the allegations in the FIR constitute a ground to deny anticipatory bail under Section 438(2) CrPC and Section 482(2) BNSS, 2023.
  • Whether the petitioners' clean antecedent and the claim of a fabricated FIR justify the grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • fabricated FIR
  • parental liability
  • Section 438 CrPC
  • Section 482 BNSS
  • Bihar Narcotic Substances Act
  • criminal antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87319 of 2025
                    Arising Out of PS. Case No.-144 Year-2025 Thana- PHULWARIA District- Begusarai
                 ======================================================
           1.     Renu Devi W/o Pankaj Kumar @ Pankaj Mahto
           2.    Pankaj Kumar @ Pankaj Mahto S/o Late Rambalak Mahto
                 Both R/o Village - Phulwaria (Phulwaria - 03), Barauni Nagar Parishad,
                 Ward No. 12, Near - NH -28, Bakhtar Sthan, P.S - Phulwaria, District -
                 Begusarai

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Sandip Kumar Gautam, Advocate
                 For the Opposite Party/s :       Mr.Sanjay Kumar Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

2   08-01-2026                    Heard Mr.Sandip Kumar Gautam, learned counsel

                   for the petitioners and Mr.Sanjay Kumar Tiwary, learned

                   Additional Public Prosecutor for the State.

                                2. The petitioners are apprehending their arrest in

                   connection with Phulwaria P.S.Case No.144 of 2025, FIR dated

                   18.09.2025 registered for the offences punishable under

                   Sections 64(1),69,89,3(5) of BNS, 2023.

                                3. The prosecution case in brief is that the informant

                   Anshu Kumari worked in the field of Anish Kumar. In the

                   meantime, she came in contact with Anish Kumar and she used

                   to visit at his house. Anish Kumar made physical intercourse

                   with her on the pretext of marriage due to which she became
Patna High Court CR. MISC. No.87319 of 2025(2) dt.08-01-2026
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          pregnant and after that she told about this fact to Anish Kumar,

          his parents and sister-in-law Sulena Devi. On 10.09.2025 when

          she suffered from stomach ache then she informed all the

          accused persons including the petitioners and her elder sister

          Muskan Kumari came near her and after that all the accused

          persons took her at Life Care Clinic where by surgical operation

          her child was brought out, who was dead. After operation,

          Pankaj Mahto & Sulena Devi stayed at the clinic for 3-4 days

          and when her parents was informed then Pankaj Mahto &

          Sulena Devi ran away, after leaving her at hospital.

                       4. Learned counsel for the petitioners submits that

          petitioners have clean antecedent. The allegation as alleged in

          the FIR is false and fabricated. From a bare perusal of the FIR

          it appears that the main allegation against co-accused person,

          namely, Anish Kumar, who happens to be the son of the

          petitioners and co-accused person, namely, Sulena Devi, who

          happens to be the aunt of co-accused person, namely, Anish

          Kumar, has been granted privilege of anticipatory bail by a

          Coordinate Bench of this Hon’ble Court vide order dated

          02.12.2025 passed in Cr. Misc. No.82330 of 2025. Petitioner

          No.1 is mother and petitioner No.2 is father of co-accused

          person, namely, Anish Kumar.
Patna High Court CR. MISC. No.87319 of 2025(2) dt.08-01-2026
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                       5. Learned A.P.P. for the State, on the other hand, has

          vehemently opposed the prayer for anticipatory bail of the

          petitioners.

                       6. Considering the aforesaid facts, petitioners have

          clean antecedent, they have been made accused in the present

          case merely on the ground that they are parents of co-accused

          person, namely, Anish Kumar and co-accused person, namely,

          Sulena Devi, who happens to be the aunt of co-accused person,

          namely, Anish Kumar, has been granted privilege of anticipatory

          bail by a Coordinate Bench of this Hon’ble Court, let the

          petitioners, above named, in the event of their arrest or

          surrender before the court below within a period of thirty days

          from the date of receipt of the order, be released 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 learned

          Judicial Magistrate-1st Class, Begusarai in connection with

          Phulwaria P.S.Case No.144 of 2025, subject to the conditions as

          laid down under Section 438(2) of the Code of Criminal

          Procedure/ Section 482(2) of BNSS, 2023 and with other

          following conditions:-

                       (I) Petitioners shall co-operate in the trial and shall be

          properly represented on each and every date fixed by the Court
               Patna High Court CR. MISC. No.87319 of 2025(2) dt.08-01-2026
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                         and shall remain physically present as directed by the Court and

                         on their absence on two consecutive dates without sufficient

                         reason, their bail bonds shall be cancelled by the Court below.

                                      (II) If the petitioners tamper with the evidence or the

                         witnesses, in that case, the prosecution will be at liberty to move

                         for cancellation of bail.

                                      (III) And, further condition that the court below 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 court below shall take step for

                         cancellation of bail bond 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.



                                                (Rajesh Kumar Verma, J)
Nitesh/-

U          T


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