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Patna High Court

Rita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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.
Patna High Court CR. MISC. No.90269 of 2025(5) dt.29-04-2026
                                            2/3




                       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
               Patna High Court CR. MISC. No.90269 of 2025(5) dt.29-04-2026
                                                           3/3




                         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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