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Patna High Court

SEEMA DEVIversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail is granted to the petitioners subject to conditions.

Summary

The petitioners, four women related to the Sahani family, were named in an FIR for alleged kidnapping and other offences under the Bhartiya Nyay Sanhita, the SC/ST Act and the POCSO Act. The alleged victim later recovered and, in her statement, denied that the petitioners were involved in the kidnapping or any sexual assault. The petitioners applied for anticipatory bail, arguing they have clean antecedents and were not named by the victim. The State opposed the bail, contending the seriousness of the charges. The Court, noting the victim’s denial and the petitioners’ clean record, ordered that they be released on bail if they surrender within four weeks, subject to a bail bond and sureties, invoking Sections 438(2) of the Cr.P.C. and 482(2) of the Bhartiya Nagarik Suraksha Sanhita. The order effectively grants anticipatory bail to the petitioners.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the Bhartiya Nyay Sanhita and related statutes
  • Whether the victim’s denial of kidnapping and sexual assault negates the basis for continued detention

Legislation cited

Subjects

  • anticipatory bail
  • kidnapping
  • sexual assault
  • women defendants
  • clean antecedent
  • Bhartiya Nyay Sanhita
  • POCSO Act
  • SC/ST Act

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38697 of 2026
                  Arising Out of PS. Case No.-579 Year-2025 Thana- MOTIHARI MUFASIL District- East
                                                       Champaran
                 ======================================================
           1.     SEEMA DEVI Wife of Chait Sahani Resident of Village- Kataha, P.S.-
                  Motihari Muffasil, District- East Champaran.
           2.    Shanti Devi Wife of Suresh Sahani Resident of Village- Kataha, P.S.-
                 Motihari Muffasil, District- East Champaran.
           3.    Babita Devi Wife of Indrajit Sahani @ Indrjeet Sahani Resident of Village-
                 Kataha, P.S.- Motihari Muffasil, District- East Champaran.
           4.    Kalawati Devi Wife of Tuntun Sahani @ Achelal Sahani @ Achhelal Sahani
                 Resident of Village- Kataha, P.S.- Motihari Muffasil, District- East
                 Champaran.
                                                                        ... ... Petitioners
                                                 Versus
           1.    The State of Bihar
           2.     X Wife of- Y Resident of Village- Karha, P.S.- Muffasil, District- East
                  Champaran.
                                                                    ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Dewanand Tiwari, Advocate
                 For the Opposite Party/s :      Mrs.Usha Kumari 1, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   18-06-2026             Heard learned counsel for the petitioners and learned APP

                   for the State.

                           2. The accused-petitioners, named in the F.I.R., are

                   apprehending their arrest in connection with Muffasil P.S. Case

                   No. 579 of 2025 registered for the offences punishable under

                   Sections 126(2), 115(2), 76, 61(2), 137(2), 96, 352, 3(5) of the

                   Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’), sections

                   3(1)(r)(s), 3(2)va of the SC/ST Act and Section 8 of the POCSO

                   Act.
Patna High Court CR. MISC. No.38697 of 2026(2) dt.18-06-2026
                                            2/3




                 3. As per FIR, petitioners alleged to kidnap the minor

          daughter of the informant on the pretext that one Shanti Devi,

          who was ill and getting her treatment at Muzaffarpur, wanted to

          meet her daughter.

                 4. Learned counsel appearing on behalf of the petitioners

          submitted that the daughter of the informant was in love with

          co-accused Shubhlal Sahani, who is the brother of Seema Devi

          (petitioner no.1). It is submitted that during course of

          investigation, the victim recovered after 15 days, and while

          recording her statement under section 183 of the B.N.S.S., she

          says that she was kidnapped by some unknown persons without

          naming these petitioners or even Shubhlal Sahani. There is no

          allegation of sexual assault as well.

                 5. While concluding argument, learned counsel submitted

          that petitioners are ladies of clean antecedent.

                 6. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners.

                 7. In view of the aforesaid factual submissions and by

          taking note of the fact as the victim, after recovery, denied the

          allegation of kidnapping and sexual assault against these

          petitioners, coupled with the fact that all the four petitioners are

          ladies of clean antecedent, accordingly, all the four above-
           Patna High Court CR. MISC. No.38697 of 2026(2) dt.18-06-2026
                                                       3/3




                     named petitioners, in the event of their arrest/surrender within a

                     period of four weeks from this order, are directed to be enlarged

                     on bail on furnishing of bail bond of Rs.10,000/- (ten thousand

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

                     satisfaction of learned District & Additional Sessions Judge- 6th–

                     cum–Exclusive Special Judge, POCSO Act, East Champaran,

                     Motihari/concerned court in connection with Muffasil P.S. Case

                     No. 579 of 2025, subject to the conditions as laid down under

                     Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya

                     Nagarik Suraksha Sanhita (in short “B.N.S.S.”).


                                                                   (Chandra Shekhar Jha, J)
Rajeev/-

U      T


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