Patna High Court
Jira DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bharatiya Nyaya Sanhita — s. 96
- Protection of Children from Sexual Offences Act — s. 12, 8
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
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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
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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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