Manisha Kumari @ Manisha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39247 of 2025 Arising Out of PS. Case No.-467 Year-2024 Thana- GHORASAHAN District- East Champaran ====================================================== 1.
Manisha Kumari @ Manisha Devi Daughter of Chandrika Thakur Resident of village - Ghorasahan, P.S.- Ghorasahan, District - East Champaran. 2.
Shiv Kumari Devi Wife of Chandrika Thakur Resident of village - Ghorasahan, P.S.- Ghorasahan, District - East Champaran. 3.
Chandrika Thakur Son of Kishori Thakur Resident of village - Ghorasahan, P.S.- Ghorasahan, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Abhishek Kumar For the Opposite Party/s :
Ms.Asha Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-07-2025
1. Heard the parties.
2. The petitioners apprehend their arrest in connection with Ghorasahan P.S. Case No. 467 of 2024 dated 18.12.2024 registered under Sections 126(2), 115(2), 352, 351(3), 96, 3(5) of the Bharatiya Nyaya Sanhita 2023.
3. As per the first information report on 24.11.2024 at about 04:30 a.m. when the informant and her daughter had returned from outside after attending natural call in the meantime the co-accused Lavkush Kumar and Ravi Ranjan Kumar arrived on a motorcycle and forcibly lifted the daughter of the informant on their motorcycle and fled away. Though the informant tried to
Patna High Court CR. MISC. No.39247 of 2025(2) dt.09-07-2025 2/3 save her but she could not succeed. It is further alleged that when the husband of the informant went to the house of the accused persons, the petitioners along with 2-4 other family members started abusing and threatened to kill them.
4. Learned counsel for the petitioners submits that petitioners have not committed any offence in the manner alleged and they have falsely been implicated in the present case. He submits that the occurrence has taken place on 24.11.2024 whereas the F.I.R. has been lodged after an inordinate delay of twenty four days on 18.12.2024 without any plausible explanation. The victim girl has been recovered and in her statement recorded under Section 183 of the B.N.S.S. she has categorically stated that she on her own free will went to Nepal on 24.11.2024 with Lavkush Kumar inasmuch as she was having love relationship with Lavkush Kumar and got married to him in Pasupati Nath Temple at Kathmandu, Nepal and both have been living together as husband and wife for the last 2-3 years. The petitioners have been made accused in the present case merely because they are the sister, mother and father of the co-accused Lavkush Kumar.
5. Regard being had to the submission made by the parties, taking into consideration the fact that petitioners are the family member of the co-accused Lavkush Kumar and the statement of
Patna High Court CR. MISC. No.39247 of 2025(2) dt.09-07-2025 3/3 the victim girl recorded under Section 183 of the B.N.S.S, I am inclined to grant anticipatory bail to the petitioners.
6. Let the petitioners, above named, be released on anticipatory bail in the event of arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of Additional Chief Judicial Magistrate, Sikrahana at Dhaka, Motihari, East Champaran in connection with Ghorasahan P.S. Case No. 467 of 2024 subject to the condition as laid down under Section 482
(2) of the B.N.S.S. 2023.
(Anil Kumar Sinha, J) praful/- U T