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Patna High Court

Babita Devi @ Babita KumariversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court allowed anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

Petitioner Babita Devi, mother of Ashutosh Kumar, sought anticipatory bail after being implicated in a FIR alleging offences under Sections 137(2), 87 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 for allegedly abetting her son’s elopement and refusing to disclose his whereabouts. The prosecution alleged she abused the informant and concealed her son, while the petitioner contended the FIR does not charge her personally, the alleged victim voluntarily eloped and married, and she has a clean antecedent. The State opposed the bail. The High Court, after considering the submissions, granted anticipatory bail subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the Bharatiya Nyaya Sanhita, including bond and surety requirements and attendance obligations. The order emphasized that any observations made would not affect the trial. The bail was ordered for a period of four weeks pending arrest or surrender.

Issues considered

  • Whether the petitioner is liable to be arrested under the offences alleged in the FIR.
  • Whether the FIR sufficiently implicates the petitioner to deny anticipatory bail.
  • Whether anticipatory bail should be granted under Section 438 CrPC in view of the allegations under the Bharatiya Nyaya Sanhita.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • Criminal Procedure Code
  • elopement
  • bail conditions
  • section 438
  • section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9682 of 2026
                      Arising Out of PS. Case No.-36 Year-2025 Thana- DEODHA District- Madhubani
                 ======================================================
                 Babita Devi @ Babita Kumari, W/O Late Arjun Mahto @ Arjun Kumar, R/o
                 Vill.- Gangaur, P.S.- Harlakhi, Distt.- Madhubani
                                                                          ... ... Petitioner/s
                                                      Versus
                 The State Of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Saroj Kumar Choudhary, Advocate
                 For the Opposite Party/s :       Mr. Md. Aslam Ansari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. Petitioner apprehends his arrest in connection with

                   Dewdha P.S. Case No. 36 of 2025, G.R. No.917 of 2025

                   registered for the offences under Sections 137(2), 87 and 3(5) of

                   the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the allegation against

                   the petitioner is that she happens to be the mother of one

                   Ashutosh Kumar, who has eloped with the daughter of the

                   informant and the petitioner had abused the informant and did

                   not disclose the whereabouts of her son.

                                4. Learned counsel for the petitioner submits that

                   from a bare reading of the FIR, it would be evident that there is

                   no allegation against the petitioner rather the allegation is

                   primarily about enticing away the daughter of the informant by
Patna High Court CR. MISC. No.9682 of 2026(2) dt.24-02-2026
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          Ashutosh Kumar, who happens to be the son of the petitioner. It

          has further been submitted that no offence as alleged in the FIR

          is made out against the petitioner and the victim was

          subsequently recovered and in her statement before the police,

          she has admitted that she had gone out, of her own sweet will,

          along with the petitioner’s son and they had also solemnized

          marriage in a temple. It has lastly been submitted that the

          petitioner has clean antecedent.

                       5. Learned APP for the State has opposed the prayer

          for anticipatory bail.

                       6. Considering the facts and circumstances of the case

          and the submissions advanced on behalf of the parties, let the

          petitioner above named be released on anticipatory bail, in the

          event of arrest or surrender before the learned Court below

          within a period of four weeks from today, on furnishing bail

          bonds of Rs.10,000/-(ten thousand) with two sureties of the like

          amount each to the satisfaction of the learned Court below

          where the case is pending/successor court in connection with

          Dewdha P.S. Case No. 36 of 2025, G.R. No.917 of 2025, subject

          to the conditions as laid down under Section 438(2) of the Code

          of Criminal Procedure read with corresponding Section 482(2)

          of B.N.S.S. as well as subject to the following conditions:-

                          (i) One of the bailors of the petitioner shall be his close
              Patna High Court CR. MISC. No.9682 of 2026(2) dt.24-02-2026
                                                          3/3




                                        relative.
                                        (ii) The petitioner shall remain physically present in
                                        Court on each date of the trial.
                                        (iii) In case of absence on two consecutive dates, or in
                                        violation of the terms of the bail, the bail bond of the
                                        petitioner will be liable to be cancelled by the Court
                                        concerned.
                                        (iv) If the petitioner is found involved in similar nature
                                        of offence in future, the prosecution shall be at liberty
                                        to move for cancellation of his bail bond.
                                        (v) The learned Court below shall verify the criminal
                                        antecedent of the petitioner and in case at any stage it is
                                        found that the petitioner has concealed his criminal
                                        antecedent, the court below shall take step for
                                        cancellation of bail bond of the petitioner. However, the
                                        acceptance of bail bonds in terms of the above-
                                        mentioned order shall not be delayed for purpose of or
                                        in the name of verification.

                                     7. Accordingly, the prayer for anticipatory bail is

                        allowed.

                                     8. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

U         T


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