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Patna High Court

Sobrati Devan @ SobrativersusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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
                 ======================================================
           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
                                            2/3




          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
                                                         3/3




                       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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