Patna High Court
Sulochana devi @ Sulochna DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioners subject to a bail bond and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
The petitioners, a group of four individuals from Narhan village, sought anticipatory bail after being implicated in a case alleging the kidnapping of a minor girl, the informant's daughter, for the purpose of marriage. The prosecution charged them under multiple provisions of the Bharatiya Nyaya Sanhita, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, and the Protection of Children from Sexual Offences Act. The petitioners argued innocence, citing the victim’s statement recorded under Section 183 of the Bihar Nagarik Suraksha Sanhita, in which she claimed she left voluntarily and married her lover. The State and the informant opposed bail. The court, considering the victim’s statement and the lack of contrary evidence, granted anticipatory bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite serious charges under the BNSS, SC/ST Act, and POCSO Act
- Whether the victim’s voluntary statement under Section 183 BNSS negates the prosecution’s case
Legislation cited
- Bharatiya Nyaya Sanhita — s. 115(2), 126(2), 137(2), 303(2), 3(5), 351(2), 352, 74, 96
- Bihar Nagarik Suraksha Sanhita — s. 183, 482(2)
- Protection of Children from Sexual Offences Act — s. 4
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va)
Subjects
- anticipatory bail
- kidnapping
- child marriage
- victim statement
- Bihar Nagarik Suraksha Sanhita
- SC/ST Act
- POCSO
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26261 of 2026
Arising Out of PS. Case No.-360 Year-2025 Thana- BIBHUTIPUR District- Samastipur
======================================================
1. Sulochana devi @ Sulochna Devi W/O - Naresh Rai @ Naresh Ray R/O -
Village - Narhan, P.O- Narhan, Ward No.-1, P.S - Bibhutipur, District -
Samastipur.
2. Amresh Rai @ Amresh Ray S/O - Late Mithilesh Rai @ Mithilesh Kumar
R/O - Village - Narhan, P.O- Narhan, Ward No.-1, P.S - Bibhutipur, District -
Samastipur.
3. Bittan Rai @ Bitan Rai @ Bitan Ray S/O-Late Aldhar Rai R/O - Village -
Narhan, P.O- Narhan, Ward No.-1, P.S - Bibhutipur, District - Samastipur.
4. Sakhiya Devi W/O - Bittan Rai @ Bitan Rai @ Bitan Ray R/O - Village -
Narhan, P.O- Narhan, Ward No.-1, P.S - Bibhutipur, District - Samastipur.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXXX W/O - YYYYY R/O- Village - Narhan, P.O- Narhan, Ward No.-1,
P.S - Bibhutipur, District - Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Pampy Kumari, Advocate
For the Opposite Party/s : Mr. Binay Krishna, A.P.P.
For the Informant : Mr. Ajay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 24-06-2026 Heard learned counsels for the petitioners,
informant and learned A.P.P. for the State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 74,
303(2), 352, 351(2), 137(2), 96, 3(5) of the of the Bharatiya
Nyaya Sanhita, Sections 3(1)(r), 3(1)(s), 3(1)(w), 3(2)(va) of the
Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act and Section 4 of the Protection of Children from
Patna High Court CR. MISC. No.26261 of 2026(3) dt.24-06-2026
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Sexual Offences Act.
3. It is alleged these petitioners kidnapped minor
daughter of informant for the purpose of marriage.
4. Learned counsel appearing for the petitioners ar
innocent and have committed no offence. It is further submitted
that victim in her statement, recorded under Section 183 BNSS
denied the prosecution case and stated that she was in love with
co-accused Abhijit Kumar, left the house on her own sweet will
and solemnized marriage with him. Petitioners claim clean
antecedent.
5. Learned A.P.P. for the State as well as learned
counsel for the informant opposed the bail application.
6. Considering statement of the victim recorded under
Section 183 BNSS, this anticipatory bail is allowed and it is
ordered that the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, be enlarged on bail on furnishing bail-bond
of Rs. 10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of learned Additional Sessions
Judge – VI cum Special Court POCSO or Successor Court,
Samastipur in connection with Bibhutipur P. S. Case No. 360 of
2025, subject to condition as laid down under Section 482(2) of
Patna High Court CR. MISC. No.26261 of 2026(3) dt.24-06-2026
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the Bharatiya Nagarik Suraksha Sanhita.
(Prabhat Kumar Singh, J)
Navya/Sanjay
U T
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