Created by Fuzzy Cloud

Patna High Court

Arti Devi @ Arati DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The anticipatory bail petition is rejected.

Summary

Arti Devi was named in an FIR for offences under Sections 137(2) and 96 of the Bhartiya Nyaya Sanhita, relating to the alleged kidnapping and sexual exploitation of a minor daughter of an informant. The victim, recovered after a delay, gave statements under Sections 180 and 183 of the Bhartiya Nagrik Suraksha Sanhita, identifying the petitioner as the mastermind and alleging forced illicit intercourse. The petitioner sought anticipatory bail, arguing the FIR was lodged 21 days after recovery, the victim refused medical examination, and the matter was compromised. The State contended the offence is non‑compoundable, the victim’s statements are consistent, and the minor’s age makes the allegations serious. The Court, after considering the victim’s statements and the nature of the offence, rejected the anticipatory bail petition and directed the trial court to decide regular bail upon surrender.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner in view of the victim’s statements under BNSS.
  • Whether the delay in lodging the FIR and the victim’s refusal to undergo medical examination affect the bail application.
  • Whether the alleged offence is non‑compoundable and thus precludes any compromise.
  • Whether the petitioner’s clean antecedents are sufficient to merit anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • non‑compoundable offence
  • delay in FIR
  • victim statement
  • minor victim
  • sexual exploitation
  • BN S
  • BNSS

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.36264 of 2025
                    Arising Out of PS. Case No.-200 Year-2024 Thana- KATHAIYA District- Muzaffarpur
                 ======================================================
                 Arti Devi @ Arati Devi, D/o Kailash Khalifa, R/o Village-Nadel, P.S.- Bakhri,
                 District- Begusarai
                                                                               ... ... Petitioner
                                                   Versus
                 The State of Bihar
                                                                       ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Anshu Dhar Sharma, Advocate
                 For the Opposite Party/s :       Mr. Navin Kumar Pandey, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

5   13-01-2026                  Heard learned counsel for the petitioner and learned

                   Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending her arrest in connection with Kathaiya P.S.

                   Case No.200 of 2024 registered under Sections 137(2) and

                   96 of the Bhartiya Nyaya Sanhita, 2023 (in short ‘B.N.S.’).

                                3. As per FIR, the minor daughter of informant aged

                   about 15 years found missing since 03.09.2024, where

                   informant received a call on 21.09.2024, at about 1.30 a.m.

                   from mobile No.8789169100 from her missing daughter, as

                   she was kept in village-Islampur and while she was explaining

                   the details, the mobile was switched off suddenly.

                                4. It is submitted by learned counsel appearing for
Patna High Court CR. MISC. No.36264 of 2025(5) dt.13-01-2026
                                            2/4




          petitioner that the present FIR was lodged with delay of 21

          days after recovery of the victim. It is pointed out that after

          recovery, the statement of victim was recorded under

          Sections 180 and 183 of the Bhartiya Nagrik Suraksha

          Sanhita, 2023 (in short ‘BNSS’). Contradicting the aforesaid

          statement of victim, it is pointed out that same falsify the

          case of prosecution on its face for the reason that while

          recording her statement under Section 183 of the BNSS, the

          victim categorically stated that she was kept in Islampur for

          two and half months but she was recovered only after 21 days

          of the occurrence. It is further pointed out that the victim has

          refused to join medical examination and also she failed to

          support the occurrence in Sessions Trial No.111 of 2025 qua

          another apprehended co-accused namely, Gita Devi. It is also

          pointed out that the matter now compromised between the

          parties. The petitioner claimed clean antecedent.

                       5.        Mr. Navin Kumar Pandey, learned APP

          appearing for the State while opposing the prayer of bail

          submitted that the victim has categorically stated name of this

          petitioner while recording her statement under Section 183 of
Patna High Court CR. MISC. No.36264 of 2025(5) dt.13-01-2026
                                            3/4




          the BNSS that she is the master mind of the entire racket. It

          is pointed out that the petitioner forced victim to illicit

          intercourse with another persons, where around 10-20 people

          subjected illicit intercourse with her while she was in captivity

          with petitioner. It is pointed out that this fact also supported

          during investigation while recording statement of victim under

          Section 180 and 183 of the BNSS. Learned APP further

          submitted that non-joining of medical examination does not

          lead to conclusion ipso facto that the victim was not

          seduced/forced for illicit intercourse as stated and there is no

          discrepancies or contradictions qua occurrence. It is further

          submitted by learned APP that difference in time period is not

          a major factor to disbelieve the entire allegation, as stated by

          victim who was minor even below 15 years on the date of

          occurrence, as her date of birth was 09.04.2009.

                       6. Arguing further, learned APP submitted that the

          offfence alleged non-compoundable in nature and, therefore,

          the compromise as submitted by learned counsel is of no

          bearing as far merit of this case is concerned and

          furthermore, the deposition of victim in Sessions Trial No.111
          Patna High Court CR. MISC. No.36264 of 2025(5) dt.13-01-2026
                                                      4/4




                    of 2025 is also of no bearing as same was deposed qua

                    another co-accused namely, Gita Devi.

                                 7. In view of aforesaid factual submissions and by

                    taking note of fact, as victim after recovery, specifically stated

                    against this petitioner as a master-mind of entire racket and

                    forced her to illicit intercourse with another persons while she

                    was in captivity while recording her statement under Section

                    183 of the BNSS and also under Section 180 of the BNSS,

                    accordingly, the prayer for anticipatory bail of petitioner

                    stands rejected.

                                 8.     Learned Trial Court is directed to decide the

                    regular bail of the petitioner on surrender/arrest in

                    accordance with law without being prejudice by this order.


                                                              (Chandra Shekhar Jha, J.)
    Sanjeet/-

U     T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.