Preeti v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2992 of 2026 Arising Out of PS. Case No.-193 Year-2024 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.
Preeti, Female, aged about - 27 Years, wife of Vikram, Resident of VillFattemallpur, P.S- Talganw Sitapur, Uttar Pradesh 2.
Ritu, Female, aged about 32 years, Wife of Dilip, Resident of VillFattemallpur P.S- Talganw Sitapur, Uttar Pradesh 3.
Vikram, Male, aged about 28 years, Son of Jokhelal, Resident of VillFattemallpur P.S.- Talganw Sitapur, Uttar Pradesh ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vibhuti Kumar, Advocate For the Opposite Party/s :
Mr. Ajit Kumar, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 01-04-2026 Heard Mr. Vibhuti Kumar, learned counsel appearing on behalf of the petitioners and Mr. Ajit Kumar, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Kudhani P.S. Case No. 193 of 2024, registered for the offence punishable under Sections 137(2) and 96 of the BNS.
3. As per the allegation made in the FIR, some unknown persons had allegedly kidnapped the minor daughter of the informant while she was returning back to her home after attending her coaching classes.
4. Learned counsel appearing on behalf of the
2/4 petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. The petitioners are not named in the FIR. Name of the petitioners have surfaced on the basis of statement of the victim recorded under Section 183 BNSS. There is enmity between the petitioners and informant as the petitioner no. 1, who is wife of petitioner no. 3 and petitioner no. 2 have no brother and just to grab their property, the informant, who is co-sharers (pattidar) of the mother of the petitioners no. 1 and 2, has dragged the petitioners in the present case. Petitioners have clean antecedent. On these grounds, petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Having heard the rival submissions made on behalf of the parties, as well as, having perused the allegation made in the FIR and the material, which has surfaced in course of investigation, I find that the informant has found her minor daughter on 04.10.2024 at Sitakund but, there is complete lack of any link to establish the fact that how the informant came to learn about her daughter that she was in Sitakund and the same creates doubt. The enmity between the petitioners and informant is obvious as the petitioner no. 1, who is wife of petitioner no. 3
3/4 and petitioner no. 2 have no brother and just to grab their property, the informant, who is co-sharers (pattidar) of the mother of the petitioners no. 1 and 2, has dragged the petitioners in the present case. However the victim has supported the prosecution case in her statement recorded under Section 183 BNSS but there is every likelihood that she may have been tutored by the informant considering the fact that the victim was found on 04.10.2024 and her statement under Section 183 BNSS was recorded on 09.10.2024 and no case was lodged in the State of Uttar Pradesh, at the same time, U.P. Police was not informed about the said incidence. Petitioners have clean antecedent. I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned District Court where the case is pending, in connection with Kudhani P.S. Case No. 193 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS.
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8. The learned District Court is directed to verify the criminal antecedent of the petitioners as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T