Patna High Court

VIMAL DEVIversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied as the facts and the petitioner’s criminal antecedent did not justify its grant.

Summary

The petitioner, Vimal Devi, sought anticipatory bail fearing arrest in connection with PS Dalsing Sarai Case No. 44 of 2025, which alleged her involvement in an offence under Sections 137(2), 96, 61, and 3(5) of the B.N.S. The FIR alleged that she eloped with the informant's daughter, who remains untraceable, and noted that the petitioner has a prior criminal antecedent. The court examined the nature of the accusations, the seriousness of the alleged offences, and the petitioner’s criminal record. It held that the circumstances did not warrant the grant of anticipatory bail. Consequently, the petition for anticipatory bail was rejected, and the petitioner remains liable to be arrested under the FIR.

Issues considered

Whether anticipatory bail can be granted to the petitioner under the circumstances of the case
Whether the petitioner’s prior criminal antecedent and the nature of the alleged offences preclude anticipatory bail

Legislation cited

B.N.S. — s. 137(2), 3(5), 61, 96

Subjects

anticipatory bail
criminal antecedent
B.N.S.
Sections 137, 96, 61, 3(5)
Patna High Court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89778 of 2025


                 Arising Out of PS. Case No.-44 Year-2025 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Vimal Devi Wife of Anil Rai Resident of Village - Nazirpur, Chand Chaur,
                 P.S.- Ujiarpur, District - Samastipur


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Alok Kumar Sinha
                 For the Opposite Party/s :      Mr. Brajendra Nath Pandey

                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   15-01-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P for the State.

                                2. The petitioner apprehends her arrest in connection

                   with Dalsing Sarai P.S. Case No. 44 of 2025, registered for

                   offence punishable under Sections 137(2), 96, 61, 3(5) of the

                   B.N.S.

                                3. As per F.I.R., this petitioner is alleged to have

                   eloped with the daughter of the informant, who is still traceless.

                   Petitioner has got one criminal antecedent.

                                4. In the facts and circumstances of the case as well as

                   the nature of accusation and criminal antecedent,                 the prayer
           Patna High Court CR. MISC. No.89778 of 2025(2) dt.15-01-2026
                                                       2/2




                     for anticipatory bail of petitioner is rejected.



                                                    (Prabhat Kumar Singh, J)
anay

U      T

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