Patna High Court
Dolly DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The court held that bail could not be granted due to the gravity of the offences and dismissed the application.
Summary
Dolly Devi was arrested in connection with a case registered under Section 70(2) of the Bihar Narcotic Substances Act and Sections 6 and 8 of the POCSO Act, alleging assault, acid attack and forced prostitution. The petitioner applied for regular bail, claiming false implication, lack of criminal antecedents, and willingness to cooperate with the trial. The prosecution opposed bail, emphasizing the seriousness of the offences. The court examined the gravity of the allegations and the prima facie case against the petitioner. Concluding that the nature of the offences warranted continued custody, the court refused bail. Consequently, the bail application was dismissed.
Issues considered
- Whether bail should be granted to the petitioner in light of the serious nature of the offences under Section 70(2) of the B.N.S. and Sections 6 and 8 of the POCSO Act
- Whether the petitioner’s claim of false implication and lack of antecedents suffices to merit bail
Legislation cited
- Bihar Narcotic Substances Act — s. 70(2)
- Protection of Children from Sexual Offences (POCSO) Act — s. 6, 8
Subjects
- bail
- acid attack
- forced prostitution
- POCSO Act
- Section 70(2) B.N.S.
- high court
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.2476 of 2026
Arising Out of PS. Case No.-50 Year-2025 Thana- MAHILA P.S. District- Patna
======================================================
Dolly Devi W/O Late Surendra Giri R/o A/p Natthupur Parsa Bazar, P.S.-
Parsa Bazar, District-Patna, R/o Near Goriya Matha Sanjay Hotel, Station
Road. P.S. Jakkanpur, Dist- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Muskan Kumari D/o Late Manoj Singh R/o Uttari Mandiri behind Police
Line, P.S.- Buddha Colony, Dist.-Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ram Jiban Pd. Singh, Advocate
For the Opposite Party/s : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 31-03-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner seeks bail in connection with Mahila
P.S. Case No. 50/2025 registered for the offences punishable
under Section 70(2) of B.N.S. and Sections 6 and 8 of POCSO
Act.
3. As per the prosecution case, the informant alleged
that the petitioner and her husband Suraj Giri subjected her to
assault, acid attack and forced prostitution for 2-3 months.
4. Learned counsel for the petitioner submits that
petitioner has falsely been implicated in the case. It is next
submitted that from the statement of the victim girl, it appears
Patna High Court CR. MISC. No.2476 of 2026(3) dt.31-03-2026
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that she was forced to do prostitution. Learned counsel further
submits that she has no criminal antecedent and she is in
custody since 14.05.2025. The petitioner undertakes to co-
operate in the case/ trial.
5. Learned APP for the State has opposed the prayer
for regular bail of the petitioner.
6. Considering the gravity of the offence, this Court is
not inclined to grant bail to the petitioner.
7. Accordingly, this application stands dismissed.
(Sandeep Kumar, J)
tusharika/-
U T
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