Patna High Court

Sangita DeviversusThe State of Bihar

Decided: 12 February 2026
Disposal: BAIL GRANTED
Bench: SANDEEP KUMAR

Holding

Anticipatory bail is maintainable and is hereby granted to the petitioner.

Summary

The petitioner, Sangita Devi, was accused in a kidnapping case involving a minor, charged under IPC sections 365, 366, 366A, 34 and Section 4 of the POCSO Act. An earlier anticipatory bail application was withdrawn, and the police’s final report exonerated her as she is a relative of the main accused, yet the lower court proceeded to take cognizance. The petitioner filed a second anticipatory bail application before the Patna High Court. The Court examined whether anticipatory bail could be granted despite the lower court’s cognizance and the exonerating police report. It held that anticipatory bail was maintainable and granted it subject to standard conditions, including a bail bond and cooperation with the investigation. The order also empowered the State to seek cancellation of bail if conditions are breached.

Issues considered

Whether anticipatory bail is maintainable for the petitioner under the circumstances of an exonerating police report and prior withdrawal of bail application
Whether the lower court’s cognizance despite the final report can be set aside by granting anticipatory bail

Legislation cited

BNSS — s. 482
Code of Criminal Procedure, 1973 — s. 438(2)
Indian Penal Code — s. 34, 365, 366, 366A
Protection of Children from Sexual Offences Act — s. 4

Subjects

anticipatory bail
kidnapping
POCSO
IPC
bail conditions
final police report
cognizance

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.312 of 2026
                        Arising Out of PS. Case No.-113 Year-2020 Thana- BELA District- Sitamarhi
                 ======================================================
                 Sangita Devi W/o Bharat Kumar R/o Village- Sirsiya Bazar, P.S- Bela, Dist-
                 Sitamarhi.
                                                                         ... ... Petitioner/s
                                                Versus
           1.     The State of Bihar
           2.     XX S/o YY R/o Village- Sirsiya Bazar, P.S- Bela, Dist- Sitamarhi
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Ashok Kumar Jha, Advocate
                 For the State            :        Mr.Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   12-02-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. This is the second attempt on behalf of the

                   petitioner for grant of anticipatory bail in connection with Bela

                   P.S. Case No. 113 of 2020 registered for the offence under

                   Sections 365, 366, 366(A)/ 34 of the Indian Penal Code and

                   Section 4 of the POCSO Act.

                                 3. Earlier the bail application of the petitioner has

                   been dismissed as withdrawn vide order dated 16.12.2021

                   passed in Cr. Misc. No. 21977 of 2021.

                                 4. The petitioner and other accused persons are

                   accused of kidnapping the victim girl. The police after

                   investigation has submitted final form exonerating the petitioner

                   as the petitioner is the relative of the main accused.

                   Subsequently, cognizance has been taken by the Court below
           Patna High Court CR. MISC. No.312 of 2026(2) dt.12-02-2026
                                                       2/2




                     differing with the final form.

                                  5. In view of the above, this anticipatory bail is held

                     to be maintainable and the same is allowed.

                                  6. Let the petitioner, above-named, in the event of her

                     arrest, be released forthwith on bail, on furnishing a bail bond of

                     Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the

                     like amount each, to the satisfaction of the Arresting Officer or

                     Investigating Officer or the jurisdictional S.H.O. concerned, in

                     connection with Bela P.S. Case 113 of 2020, subject to the

                     condition as laid down under Section 438 (2) of the Cr.P.C. /

                     482 of the BNSS and further to the condition that the petitioner

                     shall join investigation and shall fully cooperate in the

                     investigation/trial, failing which the concerned court below shall

                     be at liberty to cancel the bail bonds of the petitioner.

                                  7. Needless to state that, if the petitioner fails to abide

                     by the terms and conditions, as stated hereinabove, the State

                     shall be at liberty to file an appropriate application, before the

                     learned concerned Court below, for cancellation of bail granted

                     to the petitioner.


                                                                        (Sandeep Kumar, J)

P. Kumar
U      T

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