Anita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91215 of 2025 Arising Out of PS. Case No.-152 Year-2025 Thana- BASOPATTI District- Madhubani ====================================================== Anita Devi Wife of Arun Yadav Resident of Village- Narar North Tola (Uttarwari Tola), P.S.- Kaluahi, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Subhash Kumar Jha, Adv.
For the Opposite Party/s :
Mrs. Madhuri Lata, Adv.
====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-01-2026 Heard learned Advocate appearing on behalf of the petitioner and the learned Additional Public Prosecutor for the State.
2. The petitioner apprehends her arrest in connection with Basopatti P.S. Case No. 152 of 2025, registered for the offences punishable under Sections 137(2) and 96 of the Bharatiya Nyaya Sanhita, 2023.
3. The daughter of the informant went to appear in the 10th examination, however when she did not appear in the second seating of her examination and her whereabout could not be traced out. The informant and others started searching, in the mean time, the informant and others came to know that her daughter was taken away by one co-accused Rana Kumar. When the informant and others reached to the house of co-accused
Patna High Court CR. MISC. No.91215 of 2025(2) dt.15-01-2026 2/3 Rana Kumar, the parents of the said accused have abused and threatened them with dire consequences.
4. Learned Advocate appearing on behalf of the petitioner taking this Court through the FIR contended that the petitioner is none else but the mother of co-accused Rana Kumar, against whom there is a allegation of enticing away. During the course of investigation, it has transpired that the victim was taken away by co-accused Rana Kumar and both of them have spent time in Janakpur (Nepal). It is submitted that even if the allegation is taken to be true, the petitioner is neither said to be conspirator nor there is any material which suggest that she anyhow participated in taking away the victim girl to Janakpur (Nepal). Though the age of the victim has been said to be fifteen years but the FIR has not been instituted under any of the penal provision of the Protection Of Children from Sexual Offences Act. The petitioner is a woman having fair antecedent and undertakes to participate in the investigation and the proceeding of the Court.
5. On the other hand, learned Advocate for the State vehemently opposed the pre-arrest bail application and submits that the minor daughter of the informant was taken away by the son of the informant.
Patna High Court CR. MISC. No.91215 of 2025(2) dt.15-01-2026 3/3
6. Having considered the submissions advanced by learned Advocate for the respective parties and taking note of the accusation against the petitioner, coupled with the fact that she is a woman having fair antecedent, let the petitioner above named be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned Judicial Magistrate 1st Class, Madhubani in connection with Basopatti P.S. Case No. 152 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioner. (Harish Kumar, J) supratim/- U T