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Patna High Court

Aarti DeviversusThe State Of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

Aarti Devi applied for anticipatory bail in a case alleging offences under various sections of the B.N.S., the POCSO Act and the Prohibition of Child Marriage Act. She argued that a notice had been duly served to the father of the second opposite party, who failed to appear, and that she is falsely implicated, similar to a prior case where anticipatory bail was granted to Lalita Devi. The court noted her clean antecedent, her status as a woman, and the lack of opposition from the second opposite party. Relying on Section 482(2) of the Criminal Procedure Code, the court ordered that she be released on bail upon surrender, subject to a bond of Rs.10,000 and two sureties. The application for anticipatory bail was therefore allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the case
  • Whether the notice served to the father of the opposite party satisfies the requirement of valid service

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • women
  • false implication
  • child marriage
  • POCSO
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.16866 of 2026
                      Arising Out of PS. Case No.-63 Year-2025 Thana- MAHILA P.S. District- Vaishali
                 ======================================================
                 Aarti Devi W/O Mukesh Thakur @ Mukesh Kumar Resident Of Village-
                 Chakmahaddin, Ps- Jandaha, Dist- Vaishali At Hajipur

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State Of Bihar
           2.    X D/O Mahesh Thakur Resident Of Village- Chakmahaddin, Ps- Jandaha,
                 pin- 844505, Dist- Vaishali At Hajipur

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sachin Kumar
                 For the Opposite Party/s :        Mr.Anuj Kumar Shrivastava
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

3   03-07-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of her

                   arrest in a case registered for the offences punishable under

                   Sections 115(2), 126(2), 64, 69, 352, 351(2), 3(5) of the B.N.S.,

                   Section 4 of the POCSO Act and Section 9 of ithe Prohibition of

                   Child Marriage Act.

                                3. The learned counsel for the petitioner submits that

                   from perusal of the office report dated 26.05.2026, it would

                   manifest that ordinary notice has been received by the father of

                   the opposite party no.2.

                                4. Since the notice has been received by father of the
Patna High Court CR. MISC. No.16866 of 2026(3) dt.03-07-2026
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          opposite party no.2, hence the notice is deemed to be validly

          served.

                       5. At this stage, the learned counsel appearing on

          behalf of the petitioner submits that opposite party no.2 despite

          receiving notice chooses not to appear and contest the case.

                       6. The learned counsel for the petitioner submits that

          earlier Lalita Devi along with three others had approached this

          Court seeking anticipatory bail by filing Cr. Misc. No.12609 of

          2026 and the same came to be allowed by an order dated

          23.03.2026. It is further submitted that petitioner is a person

          with clean antecedent and is a woman and the informant alleges

          that while she was a minor, accused Rajnish forcefully married

          her on 18.02.2023 in a Shiva Temple, thereafter started

          establishing physical relation. It is next submitted that while she

          was an Intermediate in the Year 2025, when Mukesh, Lalita and

          Aarti pressurized her to leave her parental house and even gave

          Rs.10,000/-, thus she left her house without informing her

          parents and Rajnish took her to Delhi and kept at his cousin

          sister Rinku Devi’s place. It is further alleged that after some

          time, they started living separately like husband and wife. It is

          next alleged that Rajnish used to call unknown person and made

          them see her. On protest, after one month, Rumit and Dilip
Patna High Court CR. MISC. No.16866 of 2026(3) dt.03-07-2026
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          brought her to Patna where Lalita and petitioner received her at

          Danapur and brought her to Chakmahdin where Rumit

          forcefully tried to establish physical relation but on protest, she

          was assaulted and ousted, thus came to the village. Further,

          informant intends to stay with Rajnish.

                       7. The learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case being

          co-villager of Rajnish. It is next submitted that from perusal of

          the allegations as alleged in the FIR, it would manifest that

          informant alleges that when Rumit and Dilip brought her to

          Patna, she was received by Lalita and petitioner at Danapur

          from where she was brought to Chakmahdin where Rumit

          forcefully tried to establish physical relation, but on protest, she

          was assaulted and ousted. It is thus submitted that from perusal

          of the allegations as alleged in the FIR, it would manifest that

          Rumit did not establish any physical relation with the informant.

          It is next submitted that informant also alleges that she intends

          to stay with Rajnish which amply demonstrates that all those

          who are known to Rajnish has been implicated in the instant

          case with some allegation in order to coerce Rajnish into

          submission. It is further submitted that the case of the petitioner

          if not akin is similar to the case of Lalita Devi and others. It is
               Patna High Court CR. MISC. No.16866 of 2026(3) dt.03-07-2026
                                                           4/4




                         also submitted that if privilege of anticipatory bail application is

                         granted, the petitioner will not abscond rather will cooperate in

                         the investigation to her innocence.

                                      8. Learned A.P.P. opposes the anticipatory bail

                         application.

                                      9. Considering the submissions made by the learned

                         counsel for the petitioner and taking into consideration the fact

                         that petitioner is a woman and is a person with clean antecedent,

                         the petitioner, above-named, in the event of her arrest or

                         surrender before the learned Court below within a period of six

                         weeks, is directed to be released on bail on her furnishing bail-

                         bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with

                         two sureties of the like amount each to the satisfaction of the

                         learned Trial Court where the case is pending/successor Court in

                         connection with Mahila P. S. Case No.63 of 2025, subject to the

                         conditions laid down under Section 482(2) of the B.N.S.S.

                                      10.        The application stands allowed.



                                                   (Satyavrat Verma, J)
vikash/-

U          T


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