Patna High Court
Babita Devi @ Babita KumariversusThe State Of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
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
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2), 3(5), 482(2), 87
- Code of Criminal Procedure — s. 438(2)
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
2/3
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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