Neelam Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31810 of 2026 Arising Out of PS. Case No.-1052 Year-2023 Thana- KAHALGAON District- Bhagalpur ====================================================== 1.
Neelam Devi, W/O Umesh Mandal, R/O Vill.- Nadiawan (Nadiama), P.S.- Gauradih, Dist.- Bhagalpur.
2.
Umesh Mandal, S/O Late Mahadev Mandal, R/O Vill.- Nadiawan (Nadiama), P.S.- Gauradih, Dist.- Bhagalpur.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Swati Parmar, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 07-05-2026 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection with Kahalgaon P.S. Case No. 1052 of 2023 dated 08.09.2023 instituted for the offence punishable under Sections 366(A), 504, 323/34 the Indian Penal Code.
3. The prosecution case, in short, is that the younger daughter of the informant went to the matrimonial house of her elder sister to take care of her. On 07.09.2023, she was found missing from her sister's house. It is alleged that co-accused Rajesh Kumar has kidnapped his daughter for the purpose of marriage and his daughter has taken away ornaments of four lakh rupees, Rs. 33,000/- in cash and one mobile phone. When the
Patna High Court CR. MISC. No.31810 of 2026(2) dt.07-05-2026 2/3 informant went to the house of Rajesh Kumar, then his family members abused him and managed to flee away.
4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that the petitioners are the parents of the co-accused Rajesh Kumar @ Raj. It is submitted that statement of the victim has been recorded under Section 183 of B.N.S.S. in which she has stated that there is love affairs between Rajesh Kumar and her. According to their own sweet will, they went to Delhi and solemnized marriage with Rejesh Kumar and from their wedlock, a male child was born. There is no whisper against the petitioner in the entire statement. The petitioners have been made accused in this case only on the basis that they are the parents of said Rajesh Kumar. Lastly, it has been submitted that petitioners have no criminal antecedents.
5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.
6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioners within a period of six weeks from today, in connection with Kahalgaon P.S. Case No. 1052 of 2023, they will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the
Patna High Court CR. MISC. No.31810 of 2026(2) dt.07-05-2026 3/3 like amount each to the satisfaction of learned C.J.M., Bhagalpur, subject to condition as laid down under Section 482(2) of the B.N.S.S.
(Khatim Reza, J) premchand/- U T