Created by Fuzzy Cloud

Patna High Court

Radha DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.