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Patna High Court

Jira DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the BNSS.

Summary

Jira Devi and Manju Devi, petitioners, sought anticipatory bail fearing arrest in a case registered under Section 96 of the Bharatiya Nyaya Sanhita and Sections 8 and 12 of the POCSO Act. The FIR alleged that a man named Manish had enticed the petitioners' minor daughter and taken her away with intent to marry, but the petitioners were not named in the FIR. The victim gave contradictory statements: under Section 180 BNSS she said she left voluntarily and married Manish, while under Section 183 BNSS she claimed she was abducted, assaulted and forced into marriage. The petitioners argued they have clean antecedents, are women, and would cooperate with the investigation if bail is granted. The State opposed the bail, but the court, considering the contradictions and the petitioners' status, granted anticipatory bail subject to a bond of Rs 10,000 each, two sureties, and compliance with Section 482(2) BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the BNSS in view of allegations under the Bharatiya Nyaya Sanhita and POCSO Act.
  • Whether the petitioners are likely to abscond or tamper with evidence.
  • Impact of the victim's contradictory statements recorded under Sections 180 and 183 BNSS on the bail decision.

Legislation cited

Subjects

  • anticipatory bail
  • Section 96 BNSS
  • POCSO Act
  • contradictory statements
  • women petitioners
  • bail conditions
  • Section 482(2) BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18878 of 2026
                        Arising Out of PS. Case No.-258 Year-2025 Thana- BANKA District- Banka
                 ======================================================
           1.     Jira Devi W/o Garbha Mandal R/o Village- Kathoun, PS- Katoriya, District-
                  Banka
           2.    Manju Devi D/o Late Garbha Mandal R/o Village- Kathoun, PS- Katoriya,
                 District- Banka

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    X W/o Y R/o vill - Lilagoda, P.S. and Distt.- Banka

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Brij Nandad Prasad
                 For the Opposite Party/s :       Mr.Ram Sumiran Rai
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-04-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    The petitioners apprehend their arrest in a case

                   registered for the offences punishable under Section 96 of the

                   Bharatiya Nyaya Sanhita and Sections 8 and 12 of POCSO Act.

                             3.    Learned counsel for the petitioners submits that the

                   petitioners are persons with clean antecedent and are women

                   and the informant alleges that Manish on 3-6-2025 enticed her

                   minor daughter and took her away with an intent to marry.

                             4.    Learned counsel for the petitioners submits that

                   from perusal of the allegations as alleged in the FIR, it would

                   manifest that the informant alleges that Manish enticed her
Patna High Court CR. MISC. No.18878 of 2026(2) dt.06-04-2026
                                            2/3




          daughter and took her away with an intent to marry and

          petitioners are not named in the FIR. It is next submitted that

          victim was recovered from the house of the petitioners and

          thereafter her statement was recorded under Section 180 BNSS,

          wherein she stated that she left home on her own volition and

          married Manish at Deoghar in a temple, but when her statement

          was recorded under Section 183 BNSS, the victim stated that

          she went to Banka to to take admission in a school about a

          month back where her aunt and her daughter, i.e., petitioners,

          came and took her to Katoria and asked her to marry but she

          denied, thus was assaulted and forcibly married to Manish. It is

          further submitted that the statement of the victim recorded under

          Section 183 BNSS was recorded under parental pressure, when

          before the police, the victim had clearly stated that she went

          with Manish and performed her marriage. It is also submitted

          that if privilege of anticipatory bail is granted to the petitioner,

          the petitioners will not abscond rather will cooperate in the

          investigation to prove their innocence.

                   5.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                   6.     Considering the submissions made by the learned

          counsel for the petitioners and taking into consideration the fact
              Patna High Court CR. MISC. No.18878 of 2026(2) dt.06-04-2026
                                                          3/3




                        that petitioners are women and victim has come back and her

                        statement was recoded under Sections 180 and 183 BNSS is

                        dichotomic, the petitioners above-named, in the event of their

                        arrest or surrender within a period of six weeks from today, be

                        released on anticipatory bail on furnishing bail bonds of Rs.

                        10,000/- (Rupees Ten Thousand) each 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

                        Banka P.S. Case No. 258 of 2025, subject to the conditions as

                        laid down under Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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