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Patna High Court

Savita Devi @ Savita KumariversusThe State of BIhar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to conditions.

Summary

The petitioner, Savita Devi, sought anticipatory bail fearing arrest in a case alleging her involvement in the abduction of a minor for a forced marriage, offences being under Sections 137(2), 96 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNS). The prosecution claimed the accused forcibly took the girl and intended to marry her, while the petitioner asserted she had no role and that the girl had already married Dhiraj Nat and was living peacefully. The informant’s counsel agreed that the matter was settled and no further action was intended. The court examined the facts, the settled status of the alleged marriage, and the risk of the petitioner tampering with evidence. Concluding that the issues were resolved and no likelihood of interference existed, the court granted anticipatory bail with standard conditions under Section 438 of the CrPC and Section 482 of the BNS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC.
  • Whether the petitioner is likely to tamper with evidence or influence witnesses.
  • Whether the settled status of the alleged forced marriage negates the necessity of custodial proceedings.

Legislation cited

Subjects

  • anticipatory bail
  • forced marriage
  • abduction
  • Criminal Procedure Code
  • Bharatiya Nagarik Suraksha Sanhita
  • Section 438
  • Section 482
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.33959 of 2026
                   Arising Out of PS. Case No.-596 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur
                 ======================================================
                 Savita Devi @ Savita Kumari W/o Rajan Nat R/o Village - Semra Nankar,
                 P.S.- Sahebganj, District - Muzaffarpur


                                                                                  ... ... Petitioner/s

                                                       Versus

                 The State of BIhar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Sunil Kumar Pandey, Adv.
                 For the Opposite Party/s :       Mr. Mithlesh Kumar Khare, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   21-05-2026                    Heard the learned counsel for the petitioner, learned

                   counsel for the informant and learned Additional Public

                   Prosecutor for the State through virtual mode.

                                2. The petitioner is apprehending his arrest in

                   connection with Sahebganj P.S. Case No. 596 of 2025, dated

                   15.10.2025 registered for the offences punishable under

                   Sections 137(2), 96 and 3(5) of BNS.

                                3.      As per prosecution case, on 12.10.2025 the

                   daughter of the informant Sonali Kumari, went for toilet where

                   all the accused persons unlawfully assembled and forcibly

                   abducted the minor with the intent of a forced marriage. The
Patna High Court CR. MISC. No.33959 of 2026(2) dt.21-05-2026
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          accused person restrained the victim, covered her mouth, and

          forcibly transported her in a four-wheeled vehicle toward

          Dhanaiya.

                        4. Learned counsel for the petitioner submits that

          petitioner is innocent, has committed no offence and has falsely

          been implicated in this case. The allegations as per FIR is that

          petitioner has given assistance to victim girl in fleeing away

          from her house. It is the case of the petitioner that the victim girl

          and Dhiraj Nat with whom the victim has fled away is presently

          married and are living peacefully. It is next submitted that after

          recording of the statement under Section 183 of BNSS, the

          victim is said to have married with Dhiraj Nat.

                        5. Learned APP for the State opposes the prayer for

          anticipatory bail application. Learned counsel for the informant

          Mr. Murli Manohar Singh does not dispute the factual position

          and submits that since they are already married and living

          peacefully, they do not intend to proceed this issue further.

                        6. Considering the aforesaid facts and circumstances

          and that the issues between them have already been settled and

          the victim is already married with Dhiraj Nat, this Court is

          inclined to grant the privilege of anticipatory bail to the

          petitioner.
Patna High Court CR. MISC. No.33959 of 2026(2) dt.21-05-2026
                                            3/4




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

          satisfaction of the learned ACJM-II, (West), Muzzafarpur in

          connection with Sahebganj P.S. Case No. 596 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

          cancellation of the bail bonds;

                       (iv) the petitioner(s) shall desist from committing any
             Patna High Court CR. MISC. No.33959 of 2026(2) dt.21-05-2026
                                                         4/4




                       criminal offence again, failing which the State shall be at liberty

                       to take steps for cancellation of their bail bonds.



                                                     (Ajit Kumar, J)
Abhishek/-

U      T


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