Ruby Devi @ Rubi DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.21091 of 2026
                       Arising Out of PS. Case No.-506 Year-2025 Thana- BALIYA District- Begusarai
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                 Ruby Devi @ Rubi Devi Wife of Late Sitaram Sharma Resident Of Village -
                 Bakhri Bazar, Ward no. 17, Ps- Bakahri, Dist- Begusarai
                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar
                                                                              ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :        Mr. Arvind Kumar, Advocate
                 For the Opposite Party/s :        Mr. Ram Priya Sharan Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

3   19-05-2026                        Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Ballia P.S. Case No.506 of 2025, F.I.R dated

                   17.11.2025 registered for the offences punishable under

                   Sections 87, 81, 351(2), 352 and 3(5) of the Bharatiya Nyaya

                   Sanhita, 2023.

                               3. According to prosecution case, on 02.11.2025 at

                   about 4:00 P.M., her 21-year-old daughter, Swati Kumari, had

                   gone to the market to purchase vegetables but did not return

                   home till evening. During the course of search, the informant

                   allegedly came to know that Saurabh Kumar, in connivance with

                   the present petitioner and two other co-accused persons, had
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          kidnapped her daughter. It is further alleged that after the

          daughter was traced and brought back home, she disclosed that

          Saurabh Kumar, with the assistance of his mother, had forcibly

          solemnized marriage with her and sexually assaulted her.

          Thereafter, when the informant approached the house of the

          petitioner and requested deletion of the alleged photographs and

          videos, all the accused persons, including the present petitioner,

          allegedly abused and threatened her, stating that if the daughter

          was not sent back, the said photographs and videos would be

          made viral.

                      4. Learned counsel for the petitioner submits that the

          petitioner is the mother of the co-accused, namely, Saurabh

          Kumar and as per the allegation, the petitioner is said to have

          voluntarily solemnized the marriage with the co-accused

          Saurabh Kumar with the victim, namely, Swati Kumari. It has

          next been submitted that the victim namely, Swati Kumari, is a

          major girl, aged about 21 years and was capable of

          understanding the consequences of such acts and there is no

          allegation of having raised an alarm at any point of time during

          such period, while, the victim was with co-accused, Saurabh

          Kumar. It is the case of the petitioner that the co-accused,

          Saurabh Kumar, is already under judicial custody, who is said to
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          have forcibly contracted marriage with the victim and also

          sexually assaulted the victim and has made the photographs and

          videos of the victim girl viral on social media platforms. It has

          next been submitted that in the present case, there is no question

          of kidnapping or abduction rather it appears to be result of

          family objection to the marriage. It has further been submitted

          that the petitioner has clean antecedent and other similarly

          situated co-accused persons, namely, Bhavesh Kumar and

          Pankaj Kumar, have been extended the privilege of anticipatory

          bail application by a Co-ordinate Bench of this Court.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          that the victim namely, Swati Kumari, is a major girl, aged

          about 21 years and was capable of understanding the

          consequences of such acts and there is no allegation of having

          raised an alarm at any point of time and there is no question of

          kidnapping or abduction rather it appears to be result of family

          objection to the marriage and the petitioner has clean antecedent

          and other similarly situated co-accused persons, namely,

          Bhavesh Kumar and Pankaj Kumar, have been extended the

          privilege of anticipatory bail application by a Co-ordinate Bench
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          of this Court. Accordingly, this Court is inclined to grant the

          privilege of anticipatory bail to the petitioner.

                       7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the

          satisfaction of the learned CJM, Begusarai, in connection with

          Ballia P.S. Case No.506 of 2025, subject to the conditions as

          laid down under Section 438(2) of the Code of Criminal

          Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha

          Sanhita and with other following conditions:-

                       (i) one of the bailors should be the family

          member/relative/known of the petitioner(s) who shall provide

          official document/personal affidavit 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/her/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
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                     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 their bail bonds.



                                                   (Ajit Kumar, J)
sharun/-

U      T