Kanchan Kumari @ Kanchan Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.12697 of 2026 Arising Out of PS. Case No.-144 Year-2022 Thana- RANIGANJ District- Araria ====================================================== Kanchan Kumari @ Kanchan Devi D/o Kailu Yadav @ Jagat Narayan Yadav W/o Akhilesh Kumar R/o Village - Shankarpur Ward No. 01, P.S - Bhargama, District - Araria At present R/o Village - Khajuri Ward No. 05, P.S - Bhargama, District - Araria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mukesh Kumar Rana, Advocate For the State :
Mr. Pramod Kumar Pandey, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-03-2026
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Raniganj Police Station Case No. 144 of 2022, disclosing offences under Sections 363, 365, 366A/34 of the IPC.
3. As per the FIR, on 21.04.2022 at 07:30 pm, the minor daughter of the informant was kidnapped by the petitioner along with other co-accused persons for the purpose of marriage.
4. Learned Counsel for the petitioner submits that the petitioner has falsely been implicated in the present case merely because she happens to be sister of the co-accused
Patna High Court CR. MISC. No.12697 of 2026(2) dt.25-03-2026 2/3 persons, namely, Awadhesh Yadav and Bhavesh Yadav. The girl was recovered and her statement was recorded under Section 164 of the Cr.P.C., in which she has stated that four persons came at the her house out of whom, she identified Anil Jha and Santosh Mehta and stated that they forcibly lifted her and closed her mouth. On the way, co-accused Awadhesh Yadav and Bhavesh Yadav also joined them and brought her to their house. The family members of the Bhavesh Yadav and Awadhesh Yadav was saying to get rid of her to protect themselves as the FIR had been lodged. The accused persons took her to Faridabad via Forbesganj. Awadhesh Yadav, Bhavesh Yadav and Santosh Mehta sexually exploited her for two days and left from there leaving her with Anil Jha. After two and a half months, she came to know that she became pregnant due to sexual exploitation and after that Anil Jha, leaving behind her, fled away. She called her parents on another mobile and returned from there.
5. It has further been submitted that the petitioner is sister of Awadhesh Yadav and Bhavesh Yadav and only allegation against her that she asked her brothers to hide the victim to protect themselves. The victim, in her statement recorded under Section 164 Cr.P.C., has not stated that the
Patna High Court CR. MISC. No.12697 of 2026(2) dt.25-03-2026 3/3 petitioner also accompanied the accused persons to Faridabad where she was kept and sexually exploited. The petitioner is a young girl aged about 21 years having no criminal antecedent.
6. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation against the petitioner and also the fact that she is a young girl of 21 years of age having no criminal antecedent, I am inclined to grant the petitioner privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner, above named, in the event of her arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-1st, Araria, in connection with Raniganj Police Station Case No. 144 of 2022, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023.
(Anil Kumar Sinha, J) priyanka/- U T