Patna High Court
Chintu SinghversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the B.N.S.S.
Summary
Petitioners Chintu Singh and Rani Devi sought anticipatory bail fearing arrest in a case registered under Sections 137(2), 87 and 3(5) of the B.N.S., 2023 for alleged kidnapping of a girl on 13‑12‑2024. They contended they have clean antecedents, the FIR was lodged after an undue delay of eight days, and the alleged victim later gave a statement under Section 180 B.N.S.S. denying any abduction and stating she left home of her own accord. The State opposed the bail. The Court examined the delay, the victim’s statement and the lack of substantive evidence, and held that the petitioners could be released on anticipatory bail subject to conditions under Section 482(2) of the B.N.S.S. Bail bonds of Rs.10,000 with two sureties each were ordered, pending surrender before the trial court within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the circumstances.
- Whether the delay in filing the FIR and the victim's statement under Section 180 B.N.S.S. negate the grounds for arrest.
- Whether the allegations constitute a false implication warranting bail.
Legislation cited
- B.N.S. — s. 137(2), 180, 3(5), 482(2), 87
Subjects
- anticipatory bail
- false implication
- kidnapping allegation
- delay in FIR
- Section 180
- Section 482
- criminal procedure
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87827 of 2025
Arising Out of PS. Case No.-329 Year-2024 Thana- Kadirganj P.S. District- Nawada
======================================================
1. Chintu Singh S/O Late Lakhan Singh Resident of Village- Jamuawa, P.S-
Kadirgaj,Dist- Nawada
2. Rani Devi W/O Chintu Singh Resident of Village- Jamuawa, P.S-
Kadirgaj,Dist- Nawada
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajesh Kumar Sinha, Advocate
For the Opposite Party/s : Mr. Ram Anurag Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 22-01-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. Petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 137(2), 87
and 3(5) of B.N.S., 2023.
3. Learned counsel for the petitioners submits that
petitioners are persons with clean antecedent and petitioner no.2
is a woman and the informant alleges that on 13.12.2024 at
10:30 p.m., the petitioners came and took his daughter to their
house but his daughter did not return thus alleges that her
daughter was kidnapped.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.87827 of 2025(2) dt.22-01-2026
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petitioners have been falsely implicated in the instant case by
the informant. It is next submitted that the date of occurrence is
13.12.2024 and the FIR was instituted on 21.12.2024, i.e., after
a delay of more than seven days, which casts an aspersion on
the case of the prosecution. It is also submitted that the victim
on coming to know that a false case has been instituted came
back and got her statement recorded under Section 180 B.N.S.S.
wherein she has not supported the case of the prosecution rather
has stated that she was scolded by her parents, as such, she left
for the house of her maternal grandmother from where she
called Vikash who came and they left and thereafter performed
their marriage in a temple and that petitioners in no manner are
involved in the occurrence.
5. Learned APP opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, let petitioners, above-named, in the
event of their arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail 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 trial court where
Patna High Court CR. MISC. No.87827 of 2025(2) dt.22-01-2026
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the case is pending/Successor Court in connection with
Kadirganj P.S. Case No.329 of 2024, subject to the conditions as
laid down under Section 482(2) of the B.N.S.S.
(Satyavrat Verma, J)
Sanjay/-
U T
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