Patna High Court
Rita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioner.
Summary
Rita Devi, mother of Shivam Kumar, applied for anticipatory bail after an FIR was lodged under Sections 137(2) and 96 of the B.N.S. 2023 alleging her involvement in the kidnapping of a minor girl. The informant claimed his daughter was abducted by Shivam Kumar, who was allegedly in a romantic relationship with the girl, and that Rita Devi aided the abduction. The State opposed bail, citing the missing minor and statements recorded in the case diary implicating the petitioner. The petitioner argued that she is merely the mother of the alleged abductor and that the matter concerns an adolescent love affair, not a criminal conspiracy. The court, after weighing the facts, found insufficient direct evidence against Rita Devi and granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, under Section 482(2) of the B.N.S.S. 2023.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the B.N.S.S. 2023 in a kidnapping case.
- Whether the petitioner’s relationship to the alleged abductor makes her liable for the alleged offence.
- Whether the evidence on record justifies denial of anticipatory bail.
Legislation cited
- B.N.S., 2023 — s. 137(2), 96
- B.N.S.S., 2023 — s. 482(2)
Subjects
- anticipatory bail
- kidnapping
- minor
- adolescent love
- Section 482
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90269 of 2025
Arising Out of PS. Case No.-372 Year-2025 Thana- ROH District- Nawada
======================================================
Rita Devi W/o Karu Pandit R/o Village- Sheikhpura, PS- Roh, Distt- Nawada
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Vibhuti Ranjan Sonvadra
For the informant : Mr. Arjun Prasad No. 1
For the Opposite Party/s : Mr.Sunil Kumar Pandey, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
5 29-04-2026 1. Heard the parties.
2. The petitioner apprehends his arrest in connection
with Roh P.S. Case No. 372 of 2025 dated 02.11.2025 registered
under Section 137(2) , 96 of the B.N.S. 2023.
3. As per the F.I.R. on 01.11.2025 in the morning the
informant’s minor daughter aged about 15 years went out of her
home and did not return. After search by the informant he came
to know that the co-accused Shivam Kumar (son of the
petitioner) allured the informant’s daughter and kidnapped her.
It has further been alleged that when the informant went to
house of the petitioner she loudly told that she does not know
about his daughter where about. It is alleged that petitioner as
well as one of Shivam Kumar’s friend were instrumental in
abduction of the informant’s minor daughter.
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4. Learned counsel for the petitioner submits that it is
a case of adolescent love between the victim girl and the
co-accused Shivam Kumar, who is also aged about 17 years.
The petitioner has been made accused merely because she
happens to be the mother of the co-accused Shivam Kumar with
whom the informant’s daughter was having love relationship.
During course of investigation it has come to light that a joint
photograph of the co-accused Shivam Kumar and the victim girl
was sent on the mobile phone of the informant in which the
victim girl was applying vermilion on her head. It appears that
both the victim girl and the petitioner’s son Shivam Kumar have
solemnized marriage. The petitioner is not aware about their
where about.
5. On the other hand, learned counsel for the State as
well informant vehemently opposed the prayer for anticipatory
bail and submits that the minor daughter of the informant is
missing and as per the F.I.R. the petitioner helped the
co-accused in abduction / kidnapping of the informant’s
daughter. Learned counsel for the State referring to case diary
submits that in paragraph no. – 118 of the case diary the
statement of the petitioner has been recorded in which she has
said that photograph of Shivam Kumar and the victim girl was
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sent on the mobile phone of the informant and she does not
know about the where about of the victim girl. It is further
submitted that the victim girl is trace less and the boy
(petitioner’s son) is also trace less.
6. Regard being had to the submission made by the
parties, taking into consideration the facts and circumstances of
the case in totality and the fact that petitioner is the mother of
Shivam Kumar with whom the victim was having love
relationship, accordingly, I am inclined to grant anticipatory bail
to the petitioner.
7. Let the petitioner, above named, be released on
anticipatory bail in the event of arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of Ms.
Anitha Kumari, J.M. 1st Class, Nawada in connection with
Roh P.S. Case No. 372 of 2025 subject to the condition as laid
down under Section 482 (2) of the B.N.S.S. 2023.
(Anil Kumar Sinha, J)
praful/-
U T
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