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Patna High Court

Pramila DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to bond and surety conditions, under Section 482(2) of the Bihar Narcotic Substances Act, 2023.

Summary

Petitioners Pramila Devi and Gorakh Ray applied for anticipatory bail fearing arrest in a case registered under Sections 137(2), 96 and 3(5) of the Bihar Narcotic Substances Act, 2023, based on an informant's allegation that they abducted a minor girl for immoral purposes. The petitioners contended they have clean records, are related to the alleged victim, and that the victim’s statement recorded under Section 183 does not support the prosecution, also raising a dispute over the victim’s age. The State’s counsel and the informant opposed the bail but could not refute the claim that the victim had not corroborated the charges. The Court examined the submissions, noted the lack of substantive evidence and the possibility of false implication, and considered the conditions under Section 482(2). It ordered that, if arrested or surrendered within six weeks, the petitioners be released on bail upon furnishing a Rs.10,000 bond with two sureties, subject to the Additional Chief Judicial Magistrate‑IV’s satisfaction.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the circumstances.
  • Whether the allegations constitute a cognizable offence warranting denial of bail.
  • Whether the victim’s statement under Section 183 undermines the prosecution’s case.
  • Whether the petitioners are likely to tamper with evidence or influence witnesses.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • minor victim
  • kidnapping
  • immoral purpose
  • Section 482
  • bail conditions
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87933 of 2025
                        Arising Out of PS. Case No.-449 Year-2025 Thana- MAHUA District- Vaishali
                 ======================================================
           1.     Pramila Devi W/o Nirsu Ray @ Surendra Ray R/o Vill- Harpur Tand, P.S.-
                  Mahua, Distt- Vaishali
           2.    Gorakh Ray @ Mukesh Ray @ Mukesh Kumar S/o Nina Ray R/o Vill-
                 Rasulpur, Mubarak, P.S.- Mahua, Distt- Vaishali

                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Rinki Devi W/o Raju Ray R/o Vill- Rasulpur, Mubarak, P.O.- Manworha,
                 P.S.- Mahua, Distt- Vaishali

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners      :        Mr. Rajeev Ranjan Sinha, Advocate
                 For the State            :        Mr. Anand Kishore Choudhary, APP
                 For the Informant        :        Mr. Kuldeep Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   23-02-2026                  Heard learned counsel for the petitioners, learned APP

                   for the State as well as learned counsel appearing on behalf of

                   the informant.

                                2. Petitioners apprehend their arrest in a case

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

                   and 3(5) of B.N.S., 2023.

                                3. Learned counsel for the petitioners submits that

                   petitioners are person with clean antecedent and petitioner no.1

                   is a woman and the informant alleges that on 31.03.2025 at

                   01:00 p.m., the accused persons including the petitioners came

                   on a car and Rajnish Kumar forcefully made her minor daughter
Patna High Court CR. MISC. No.87933 of 2025(3) dt.23-02-2026
                                            2/3




          sit in the car with the help of Mohan Rai, next alleges that

          accused may sale her daughter for immoral purpose.

                       4. Learned counsel for the petitioners submits that

          petitioners have been falsely implicated in the instant case by

          the informant. It is next submitted that petitioner no.1 is mother

          of Rajnish Kumar and petitioner no.2 is uncle (Mausa) of

          Rajnish Kumar and they came to be implicated only with a view

          to coerce Rajnish Kumar into submission. It is also submitted

          that Rajnish Kumar and the victim were in love and they eloped

          and the victim had come back and her statement was recorded

          under Section 183 B.N.S.S. wherein she has not supported the

          case of the prosecution and has disclosed her age as 19 years

          though the court has assessed her age to be 16 years. It is also

          submitted that victim presently is staying at remand home as she

          has refused to go to her parents’ home. It is further submitted

          that whether victim is a minor or a major, that is an issue of

          investigation but then the manner in which the entire family

          members have been implicated is a matter of concern. It is next

          submitted that no mother would assist her son in kidnapping a

          victim for the purposes of marriage but then police in

          mechanical manner investigates.

                       5. The learned APP for the State and the learned
               Patna High Court CR. MISC. No.87933 of 2025(3) dt.23-02-2026
                                                           3/3




                         counsel appearing on behalf of the informant oppose the

                         anticipatory bail application but then are not in a position to

                         rebut the submission of the learned counsel appearing on behalf

                         of the petitioners that victim has not supported the case of the

                         prosecution.

                                      6. Considering the submissions made on behalf of

                         learned counsel for the petitioners, let petitioners, above named,

                         in the event of their arrest or surrender with a period of six

                         weeks from today, be released on 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 learned Additional

                         Chief Judicial Magistrate-IV, Vaishali, Hajipur in connection

                         with Mahua P.S. Case No.449 of 2025, subject to the conditions

                         laid down under Section 482(2) of B.N.S.S.


                                                   (Satyavrat Verma, J)

Sanjay/-

U          T


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