Shivraji Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85986 of 2024 Arising Out of PS. Case No.-85 Year-2024 Thana- LAUKARIA District- West Champaran ====================================================== 1.
Shivraji Devi W/O Tulsi Munda R/O Village- Majhauwa, P.S- Laukariya, Distt.- West Champaran 2.
Mala Devi W/O Sanju Munda @ Sanjay Munda R/O Village- Majhauwa, P.S- Laukariya, Distt.- West Champaran 3.
Tulsi Munda S/O Late Thagai Munda R/O Village- Majhauwa, P.SLaukariya, Distt.- West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Vijay Kumar-1, Adv.
For the State :
Mr.Nirmal Kumar Sinha, APP For Informant Mr. Zainul Abedin, Adv.
====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 10-07-2025 Heard learned counsel for the petitioners, learned Additional Public Prosecutor for the State and learned counsel for the opposite party no. 2.
2. The petitioners are apprehending their arrest in a case registered for the offence punishable under Sections 96, 3(5) of the B.N.S. Act.
3. The allegation in the first information report is that the informant's grand daughter went missing and it was suspected that one Chandan Munda had taken her away with the intention of marriage.
4. Learned counsel for the petitioners, at the outset, submits that the petitioners are the mother, sister-in-law
Patna High Court CR. MISC. No.85986 of 2024(4) dt.10-07-2025 2/3 (Bhabhi) and father of the main accused Chandan Munda. Further submission is that the case has been lodged after a delay of 7 days as the occurrence is said to have taken place on 19.08.2024 whereas the FIR was lodged on 26.08.2024. As a matter of fact, the victim had left voluntarily out of her own will with Chandan Munda and these petitioners had no idea about their whereabouts. However, the victim has now been recovered and her statement has been recorded under Section 183 of the B.N.S.S. which would be evident by the report which has been sent pursuant to the order dated 13.05.2025 passed by a coordinate Bench of this Court in the present matter. The report contains the crux of the statement of the victim girl which is to the effect that she had gone along with Chandan Munda voluntarily and has even performed marriage with him and is also six months pregnant.
5. Learned APP for the State and learned counsel for the opposite party no. 2 have opposed the application for anticipatory bail on the ground that the victim is a minor.
6. Taking into consideration the facts and circumstances and especially the statement of the victim girl recorded under Section 183 of the B.N.S.S. and also the main accused Chandan is in custody, let the above named petitioners
Patna High Court CR. MISC. No.85986 of 2024(4) dt.10-07-2025 3/3 in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, be enlarged on bail 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 court below where the case is pending/successor court in connection with Laukariya P.S. Case No. 85 of 2024, subject to the condition as laid down under Section 438 (2) of the Cr.P.C./482(2) of the B.N.S.S. (Soni Shrivastava, J) devendra/- U T