Anita DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.91215 of 2025
                    Arising Out of PS. Case No.-152 Year-2025 Thana- BASOPATTI District- Madhubani
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                 Anita Devi Wife of Arun Yadav Resident of Village- Narar North Tola
                 (Uttarwari Tola), P.S.- Kaluahi, District- Madhubani

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

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Subhash Kumar Jha, Adv.
                 For the Opposite Party/s :       Mrs. Madhuri Lata, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
                                       ORAL ORDER

2   15-01-2026                  Heard learned Advocate appearing on behalf of the

                   petitioner and the learned Additional Public Prosecutor for the

                   State.

                                2. The petitioner apprehends her arrest in connection

                   with Basopatti P.S. Case No. 152 of 2025, registered for the

                   offences punishable under Sections 137(2) and 96 of the

                   Bharatiya Nyaya Sanhita, 2023.

                                3. The daughter of the informant went to appear in the

                   10th examination, however when she did not appear in the

                   second seating of her examination and her whereabout could not

                   be traced out. The informant and others started searching, in the

                   mean time, the informant and others came to know that her

                   daughter was taken away by one co-accused Rana Kumar. When

                   the informant and others reached to the house of co-accused
Patna High Court CR. MISC. No.91215 of 2025(2) dt.15-01-2026
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          Rana Kumar, the parents of the said accused have abused and

          threatened them with dire consequences.

                       4. Learned Advocate appearing on behalf of the

          petitioner taking this Court through the FIR contended that the

          petitioner is none else but the mother of co-accused Rana

          Kumar, against whom there is a allegation of enticing away.

          During the course of investigation, it has transpired that the

          victim was taken away by co-accused Rana Kumar and both of

          them have spent time in Janakpur (Nepal). It is submitted that

          even if the allegation is taken to be true, the petitioner is neither

          said to be conspirator nor there is any material which suggest

          that she anyhow participated in taking away the victim girl to

          Janakpur (Nepal). Though the age of the victim has been said to

          be fifteen years but the FIR has not been instituted under any of

          the penal provision of the Protection Of Children from Sexual

          Offences Act. The petitioner is a woman having fair antecedent

          and undertakes to participate in the investigation and the

          proceeding of the Court.

                       5. On the other hand, learned Advocate for the State

          vehemently opposed the pre-arrest bail application and submits

          that the minor daughter of the informant was taken away by the

          son of the informant.
             Patna High Court CR. MISC. No.91215 of 2025(2) dt.15-01-2026
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                                    6. Having considered the submissions advanced by

                       learned Advocate for the respective parties and taking note of

                       the accusation against the petitioner, coupled with the fact that

                       she is a woman having fair antecedent, let the petitioner above

                       named be released on bail, in the event of her arrest or surrender

                       before the court below within a period of four weeks from the

                       date of receipt/production of a copy of this order, upon

                       furnishing bail bonds of Rs.10,000/- (ten thousand) with two

                       sureties of the like amount each to the satisfaction of the learned

                       Judicial Magistrate 1st Class, Madhubani in connection with

                       Basopatti P.S. Case No. 152 of 2025, subject to the conditions

                       laid down in Section 482(2) of the Bharatiya Nagrik Suraksha

                       Sanhita, 2023 with the further condition that one of the bailors

                       shall be the own/close family members of the petitioner.



                                                   (Harish Kumar, J)
supratim/-

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