Patna High Court
Riya Singh @ Riya Devi @ Deji DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that anticipatory bail could not be granted and dismissed the application.
Summary
The petitioner, Riya Singh, applied for anticipatory bail in connection with a kidnapping case (Mahua P.S. Case No. 368 of 2020) where she is alleged to have abducted a girl and kept her in her house, also being an absconder in a 2020 case. The prosecution charged her under Sections 366A and 34 of the Indian Penal Code. The Patna High Court, after hearing counsel, declined to grant anticipatory bail, directing the petitioner to surrender within four weeks and seek regular bail. The court clarified that its observations are limited to this application and do not prejudice later proceedings. Consequently, the anticipatory bail application was rejected and the petitioner was ordered to appear before the lower court.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Criminal Procedure Code in view of the allegations of kidnapping under IPC Sections 366A and 34.
Legislation cited
- Indian Penal Code — s. 34, 366A
Subjects
- anticipatory bail
- kidnapping
- IPC 366A
- IPC 34
- Criminal Procedure Code
- bail jurisdiction
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90870 of 2025
Arising Out of PS. Case No.-368 Year-2020 Thana- MAHUA District- Vaishali
======================================================
Riya Singh @ Riya Devi @ Deji Devi W/o Anil Kumar @ Anil Kumar Singh
@ Saddam R/o Village - Chhatbara Khash Patti, P.S.- Mahua, District-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sunil Kumar Singh
For the Opposite Party/s : Mr. Bishweshwar Ram
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 18-03-2026 Heard the learned counsel for the petitioner and the
learned counsel for the State.
2. The petitioner apprehends arrest in connection with
Mahua P.S. Case No. 368 of 2020 registered for offences under
Sections 366A/34 of the Indian Penal Code.
3. As per the prosecution case, the petitioner is
accused of kidnapping the victim girl. The petitioner’s
involvement has come in the kidnapping of the victim. The
victim was kept in the house of the petitioner. The petitioner is
also an absconder in a case of 2020.
4. In view of the above, this Court is not inclined to
grant the privilege of anticipatory bail to the petitioner in the
present case.
Patna High Court CR. MISC. No.90870 of 2025(4) dt.18-03-2026
2/2
5. Accordingly, the application for anticipatory bail is
hereby rejected.
6. The petitioner is directed to surrender in the court
below within a period of four weeks from today and seek
regular bail, failing which the Superintendent of Police, Vaishali
at Hajipur will take all steps for the arrest of the petitioner.
7. It is, however, clarified that the observations made
herein are limited to the adjudication of the present application
and shall not prejudice the case of the petitioner at any
subsequent stage of the proceedings.
8. Let a copy of this order be communicated to the
Superintendent of Police, Vaishali at Hajipur through FAX for
its compliance forthwith.
(Sandeep Kumar, J)
Shishir/-
U T
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