Chandrawati Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Chandrawati Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Release on bail in the event of arrest or surrender within four weeks before the learned court below, 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., Patna, in connection with Naubatpur P.S. Case No. 41 of 2025, subject to the conditions laid down under Section 438(2) Cr.P.C/482(2) of the BNSS, 2023.

Issue for consideration

Whether petitioners Chandrawati Devi and Pramod Kumar, who apprehend arrest in connection with Naubatpur P.S. Case No. 41 of 2025 (registered for offences under Sections 137(2), 87, 329(3), 352, 351(2), 351(3), 3(5) of the BNS), should be released on bail in anticipation of arrest.

Court's answer

Considering the above-mentioned facts and circumstances - including that, according to the statement of the victim, her mother has lodged a false case against co-accused Golu Kumar and his family members - the court directed that the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, 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., Patna, subject to the conditions laid down under Section 438(2) Cr.P.C/482(2) of the BNSS, 2023.

Ratio / Principle

The court took into account that, according to the statement of the victim, her mother has lodged a false case against the co-accused Golu Kumar and his family members.

Detailed headnote1 paragraphs

Anticipatory bail - Patna High Court (Nawneet Kumar Pandey, J) allowed bail to Chandrawati Devi and Pramod Kumar, stated to be the mother and father of the main accused Golu Kumar, who apprehended arrest in Naubatpur P.S. Case No. 41 of 2025 (Patna) registered under Sections 137(2), 87, 329(3), 352, 351(2), 351(3), 3(5) of the BNS for alleged enticement and kidnapping of the informant's minor daughter. Considering that the victim's statement, recorded under Section 164 Cr.P.C./183 BNSS, 2023, indicated she had gone to Delhi with co-accused Golu Kumar by her own will and married him, and that per her statement her mother lodged a false case, the court ordered release on bail on arrest or surrender within four weeks, on a bail bond of Rs. 10,000/- each with two sureties of the like amount each, to the satisfaction of learned A.C.J.M., Patna, subject to conditions under Section 438(2) Cr.P.C/482(2) of the BNSS, 2023.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32870 of 2025

Arising Out of PS. Case No.-41 Year-2025 Thana- NAUBATPUR District- Patna

======================================================

Chandrawati Devi wife of Late Ashok Rajak Village- Chirora, psNaubatpur, Patna, Bihar 801109

Pramod Kumar Son of Late Ashok Rajak Village- Chirora, Ps- Naubatpur Patna, Bihar 801109

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Madan Mohan, Advocate For the State : Mr. Shailendra Kumar, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

4 09-10-2025

Heard learned counsel for the petitioners as well as the learned APP for the State.

The petitioners apprehend their arrest in connection with Naubatpur P.S. Case No. 41 of 2025 registered for the offences punishable under Sections 137(2), 87, 329(3), 352, 351(2), 351(3), 3(5) of the BNS.

As per allegation, all the FIR named accused persons including these petitioners are said to have enticed and kidnapped the minor daughter of the informant. When the informant started searching her daughter and enquired about her from the accused persons’ family members, they started abusing her and threatening her for dire consequences.

The learned counsel for the petitioners has submitted that the petitioners are innocent and have falsely been implicated in this

Patna High Court CR. MISC. No.32870 of 2025(4) dt.09-10-2025 2/2

case. They are the persons of clean antecedents. It has further been submitted that the petitioners are mother and father of the main accused person, namely, Golu Kumar. It has further been submitted that statement of the victim has been recorded under Section 164 of the Cr.P.C./ 183 of the BNSS, 2023, in which she has stated that she went to Delhi with co-accused Golu Kumar by her own will and solemnized marriage with him.

Learned APP for the State, Mr. Shailendra Kumar has opposed the prayer for bail of the petitioner.

According to the statement of the victim, her mother has lodged false case against the co-accused Golu Kumar and his family members.

Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, 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., Patna in connection with Naubatpur P.S. Case No. 41 of 2025, subject to the conditions as laid down under Section 438(2) Cr.P.C/ 482(2) of the BNSS, 2023.

(Nawneet Kumar Pandey, J)

priyanka/-

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