Bibha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.69015 of 2025 Arising Out of PS. Case No.-80 Year-2025 Thana- ANDHRATHARHI District- Madhubani ====================================================== Bibha Devi W/o Dilip Ray Resident of Ward No. 12, Village- Sahuriya, P.S.- Andrathari, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ratnakar Jha, Advocate For the Opposite Party/s :
Mr. Rana Randhir Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 21-01-2026 Heard learned counsel for the petitioner and learned A.P.P. for the State.
2. Petitioner apprehends her arrest in connection with G.R. No. 967 of 2025 arising out of Andhrathari P.S. Case No. 80 of 2025 registered for the offences under Sections 81, 83, 69 and 3(5) of the B.N.S., 2023.
3. As per the prosecution story, the allegation against the petitioner is that she being the mother of the main accused, Sachin Ray, who is alleged to have kidnapped the informant and later left her and ran away, has connived with him.
4. Learned counsel for the petitioner submits that from perusal of the entire F.I.R., it would be evident that nothing has been alleged against the petitioner and the only allegation which has been levelled is that the main accused, Sachin Ray,
2/4 had talked to her on her phone and thereafter he left her and fled. It has further been submitted that the petitioner has nothing to do with the fleeing of her son or even the allegation as far as the kidnapping of the victim/informant for the purpose of marriage was not known to the petitioner. It has next been submitted that the petitioner has no say in the wishes of his son who is now not ready to marry the victim girl. It has lastly been submitted that the petitioner carries clean antecedent.
5. Learned APP for the State has vehemently opposed the prayer for anticipatory bail.
6. Considering the aforesaid submission, facts and circumstances of the case, 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 G.R. No. 967 of 2025 arising out of Andhrathari P.S. Case No. 80 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
3/4 conditions:- (i) One of the bailors of the petitioner shall be his close 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
4/4 allowed.
8. It is made clear that the observations, if any, made in this order, shall be of no bearing during the trial. (Sourendra Pandey, J) aditya/- U