Patna High Court
Radha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Radha Devi, the petitioner, feared arrest in a case (PS Motihari Town Case No. 423 of 2025) alleging kidnapping of a minor for marriage, with charges under Sections 137(2), 96, 3(5) of the B.N.S. and Section 8 of the POCSO Act. The prosecution alleged that she, as the grandmother of one accused, was involved in the kidnapping. The petitioner contended she had no involvement and possessed a clean antecedent. The State opposed the bail application. Considering her gender, clean record, and lack of direct involvement, the Court granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNSS, with a bond of Rs.10,000 and two sureties.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances of the case.
Legislation cited
- Bihar Narcotic Substances (B.N.S.) — s. 137(2), 3(5), 482(2), 96
- Code of Criminal Procedure, 1973 — s. 438(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 8
Subjects
- anticipatory bail
- POCSO Act
- kidnapping
- marriage
- clean antecedent
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91289 of 2025
Arising Out of PS. Case No.-423 Year-2025 Thana- MOTIHARI TOWN District- East
Champaran
======================================================
Radha Devi Wife of Late Chhotan Sahani R/V -Belbanwa PS- Motihari Town,
Dist- East Champaran
... ... Petitioner/s
Versus
1. The State of Bihar
2. X Daughter of Y R/V -Belbanwa PS- Motihari Town, Dist- East Champaran
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anuj Kumar, Advocate
For the Opposite Party/s : Mr. Satyendra Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 26-02-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The petitioner apprehend her arrest in connection
with Motihari Town P.S. Case No. 423 of 2025, for offences
under Sections 137(2), 96, 3(5) of the B.N.S. & section 8 of
POCSO Act.
3. The prosecution case in brief is that petitioner and
other accused persons are alleged to have kidnapped the
daughter of the informant for the purpose of marriage. Petitioner
is grandmother (nani) of the accused Ashiq Kumar.
4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. Petitioner is a lady having clean antecedent.
Petitioner has no concern with the alleged occurrence.
Patna High Court CR. MISC. No.91289 of 2025(3) dt.26-02-2026
2/2
5. Learned APP for the State has vehemently opposed
the prayer for bail.
6. Considering the above facts and circumstances of
the case and the fact that petitioner is a lady having clean
antecedent, this Court is inclined to grant privilege of
anticipatory bail to the petitioner.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, be released on anticipatory bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) with two sureties of
the like amount each to the satisfaction of learned District &
Additional Sessions Judge- 6th cum Exclusive Special Judge,
POCSO Act, East Champaran at Motihari/concerned Court
below, in connection with Motihari Town P.S. Case No. 423 of
2025, subject to the conditions as laid down under Section
438(2) of the Code of Criminal Procedure, 1973/ Section 482(2)
of the BNSS.
(Sandeep Kumar, J)
Ranjeet/-
U T
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