Patna High Court
Sobrati Devan @ SobrativersusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The court held that, having no role in the alleged offence and with a voluntary marriage and clean antecedent, the petitioners are entitled to anticipatory bail subject to statutory conditions.
Summary
The petitioners, who are relatives of the informant’s daughter, sought anticipatory bail fearing arrest in a case alleging abduction under sections 137(2) and 87 of the BNS, 2023. They contended that the alleged victim had voluntarily married the co‑accused, Amanullah, on 25‑11‑2025, and that they had no involvement in the alleged conspiracy. The State opposed the bail. The court examined the petitioners’ clean antecedent, the voluntary nature of the marriage, and the lack of any incriminating role, and concluded that anticipatory bail was appropriate. Accordingly, the court granted anticipatory bail subject to conditions under Section 482(2) of the BNSS and specific bail terms. The order directed the petitioners to surrender within six weeks and comply with bond and surety requirements.
Issues considered
- Whether the petitioners are liable to be arrested in connection with the alleged abduction under sections 137(2) and 87 of the BNS, 2023.
- Whether anticipatory bail should be granted to the petitioners given the facts of a voluntary marriage and lack of alleged participation.
Legislation cited
Subjects
- anticipatory bail
- Section 482
- Section 137(2)
- Section 87
- voluntary marriage
- abduction
- bail conditions
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15574 of 2026
Arising Out of PS. Case No.-105 Year-2025 Thana- Pachpakdi District- East Champaran
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1. Sobrati Devan @ Sobrati Son of Amin Resident Of Village- Lahsaniya, P.s.-
Pachpakri, District -East Champaran
2. Motijan Khatoon @ Motibun Nesha Wife of Sobrati Devan @ Sobrati
Resident Of Village- Lahsaniya, P.s.- Pachpakri, District -East Champaran
3. Nasibuddin @ Md. Nasibuddin Son of Sobrati Devan @ Sobrati Resident Of
Village- Lahsaniya, P.s.- Pachpakri, District -East Champaran
4. Wasima Khatoon Daughter of Sobrati Devan @ Sobrati Resident Of Village-
Lahsaniya, P.s.- Pachpakri, District -East Champaran
5. Nazia Khatoon @ Naznee Begum Wife of Ashik Devan Resident Of Village-
Lahsaniya, P.s.- Pachpakri, District -East Champaran
... ... Petitioner/s
Versus
The State of Bihar .. ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar, Adv.
For the Opposite Party/s : Mr. Bharat Lal, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 12-03-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners are apprehending their arrest in
connection with Pachpakri PS Case No. 105 of 2025 dated
24.06.2025 for the offence punishable under sections 137(2) and
87 of the BNS, 2023.
3. As per the prosecution case, the allegation against
the petitioners is that they, by hatching conspiracy, have
abducted the 22 years old daughter of the informant while they
were not at home. Accordingly, the FIR.
4. Learned counsel for the petitioners submits that
petitioner No. 1 is maternal grand father, petitioner no.2 is
maternal grand mother, petitioner no.3 is maternal uncle,
Patna High Court CR. MISC. No.15574 of 2026(2) dt.12-03-2026
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petitioners no. 4 and 5 are aunties of main accused, namely,
Amanullah son of Jafrul Mobin. It is further submitted that there
has been love affair between the daughter of informant, namely,
Afsana Khantoon and the co-accused, Amanullah and they
solemnized marriage out of their own volition on 25.11.2025 at
Kutubkhana Bazar. In order to buttress his submissions with
regard to the solemnization of marriage, the marriage certificate
has been appended as Annexure P/2 to the present application
for anticipatory bail. Petitioners are ready to co-operate with the
investigation and they have got clean antecedent.
5. Learned APP opposes the prayer for anticipatory
bail.
6. Considering the fact that the petitioners have got
no role to play, the informant’s daughter and maternal grand son
of petitioner no.1 have already solemnized marriage, this Court
is inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners, above named, be released on
bail in the event of arrest or surrender within a period of six
weeks from the receipt of this order, on furnishing bail bond of
Rs. 10,000/- (Ten thousand) each with two sureties of like
amount each to the satisfaction of learned Sub-Divisional Judicial
Magistrate, Sikrahana at Dhaka, East Champaran, Motihari in
Patna High Court CR. MISC. No.15574 of 2026(2) dt.12-03-2026
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connection with aforesaid PS Case, subject to the conditions as
laid down under Section 482(2) of the BNSS as well as the
following conditions:-
(i) one of the bailors should be the
family member/relative of the petitioner(s)
who shall provide official document to show
his/her bona fide;
(ii) the petitioner(s) shall appear
on each and every date before the Trial
Court and failure to do so for two
consecutive dates without plausible reason
will entail cancellation of his/their bail bond
by the Trial Court itself;
(iii) the petitioner(s) shall in no
way try to induce or promise or threat the
witnesses or tamper with the evidences,
failing which the State shall be at liberty to
take steps for cancellation of the bail bonds;
(iv) the petitioner(s) shall desist
from committing any criminal offence again,
failing which the State shall be at liberty to
take steps for cancellation of his/their bail
bonds.
(Ajit Kumar, J)
perwez
U T
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