Anita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.534 of 2025 Arising Out of PS. Case No.-493 Year-2024 Thana- RAJAOLI District- Nawada ====================================================== 1.
Anita Kumari D/o- Dhanpat Ravidas Village- Vinova Nagar Rajaul PsRajauli Dist- Nawada 2.
Malti Devi W/o- Dhanpat Ravidas Village- Vinova Nagar Rajaul Ps- Rajauli Dist- Nawada ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rakesh Kumar Shrivastava, Advocate For the State :
Mr. Upendra Kumar, A.P.P.
For the Informant :
Mr. Sanjay Kumar Pandey, Advocate Mr. Shashi Ankit Mudgal, Advocate Mr. Amit Paswan, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 12-02-2025 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2.This application, for grant of anticipatory bail, arises out of Rajauli Police Station Case No. 493 of 2024, disclosing offences under Sections 137(2), 96, 3(5) of B.N.S. 3.The prosecution case, as per the First Information Report, is that, on 10.10.2024, daughter of the informant, namely, Ranjana Kumari aged 17 years, went to see the fair of Durga Puja along with the petitioners, but she did not return. Upon search, informant was informed that her daughter was going to solemnised marriage with the nephew of petitioner no. 2.
Patna High Court CR. MISC. No.534 of 2025(2) dt.12-02-2025 2/3
4. Learned Counsel for the petitioners submits that petitioner no. 1 is the cousin sister of the co-accused Deepak Ravidas and petitioner no. 2 is the aunt of the Deepak Ravidas. There was love relationship between Deepak Ravidas and the victim girl and both have performed marriage in a temple at Kolkata. The statement of victim girl was recorded under Section 183 BNS in which she has stated that she had gone with co-accused Deepak Ravidas on her free will and has performed marriage with him. She has also disclosed her age around 18 years at the time of recording of statement under Section 183 B.N.S.
5. On the other hand, learned counsel for the informant and learned A.P.P. for the State have vehemently opposed the prayer for anticipatory bail and submits that petitioners were instrumental in performing the marriage of the informant's daughter with their relative and the victim girl was minor at the time of occurrence. He further submits that the birth certificate produced by the victim has been found to be forged. He next submits that as per the F.I.R., victim girl was 17 years old.
6. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that victim
Patna High Court CR. MISC. No.534 of 2025(2) dt.12-02-2025 3/3 had love relationship with the co-accused Deepak Ravidas with whom she has performed marriage and the statement made by the victim girl under Section 183 B.N.S. and the fact that petitioners are relative of the co-accused Deepak Ravidas, I am inclined to grant the petitioners privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned A.C.J.M.-I, Nawada, in connection with Rajauli Police Station Case No. 493 of 2024, subject to the condition laid down under Section 482 (2) of the Bhartiya Nagarik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J) Siwani/- U T