Patna High Court
Savita Devi @ Savita KumariversusThe State of BIhar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bharatiya Nagarik Suraksha Sanhita — s. 183
- Bhartiya Nagarik Suraksha Sanhita — s. 137(2), 3(5), 482(2), 96
- Code of Criminal Procedure — s. 438(2)
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
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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
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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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