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Patna High Court

Riya Singh @ Riya Devi @ Deji DeviversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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