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Patna High Court

Sugandhi Devi @ Muskan KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that, in the absence of prima facie evidence linking the petitioners to the alleged kidnapping, they are entitled to bail.

Summary

The petitioners, three women, were named in an FIR alleging kidnapping of a 16‑year‑old girl for illicit intercourse or marriage, under sections of the Bhartiya Nyaya Sanhita, 2023 (BNS) and the Protection of Children from Sexual Offences (POCSO) Act. They contended that the allegations arose from a neighbourhood dispute and that the victim’s statements recorded under sections 180 and 183 of the BNS did not name them, indicating she had voluntarily married another person. The Additional Public Prosecutor opposed bail, but the court observed that the victim had failed to provide any prima facie evidence linking the petitioners to the crime. Consequently, the court directed that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties each, subject to conditions under Section 438(2) of the CrPC and Section 482(2) of the BNS. The order reflects the court’s view that the prosecution’s case against the petitioners is weak at the initial stage.

Issues considered

  • Whether the petitioners should be granted bail despite the FIR and charges under BNS and POCSO statutes.
  • Whether the victim’s statements under sections 180 and 183 of the BNS constitute sufficient prima facie evidence to justify continued detention.

Legislation cited

Subjects

  • bail
  • kidnapping
  • POCSO
  • BNS
  • false implication
  • prima facie
  • criminal procedure
  • women accused

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40060 of 2026
                     Arising Out of PS. Case No.-39 Year-2026 Thana- PIPRA District- East Champaran
                 ======================================================
           1.     Sugandhi Devi @ Muskan Kumari, Wife of Pratap Paswan,
           2.    Krishna Devi, wife of Ajit Paswan,
           3.    Shivkali Devi, Wife of Late Shankar Paswan,
                 All are Resident of village- Chintamanpur Khas Tola, P.S.- Pipra, Dist- East
                 Champaran Motihari
                                                                            ... ... Petitioners
                                                    Versus

           1.    The State of Bihar
           2.     X, Son of Y, Resident of village- Chintamanpur Khas Tola, P.S.- Pipra, Dist-
                  East Champaran, Motihari
                                                                      ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhandev Kumar, Advocate
                 For the Opposite Party/s :       Mr. Shailendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   22-06-2026                  Heard learned counsel for the petitioners and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioners are named in the FIR

                   and apprehending their arrest in connection with Pipra P.S.

                   Case No.39 of 2026 registered under Sections 137(2), 96,

                   61(2) of the Bhartiya Nyaya Sanhita, 2023 (in short ‘BNS’)

                   as well as Sections 4, 6 and 8 of the Protection of Children

                   from Sexual Offences Act.

                                3. As per FIR, which was lodged on the basis of

                   complaint case bearing No.124 of 2025 as filed before
Patna High Court CR. MISC. No.40060 of 2026(2) dt.22-06-2026
                                            2/3




          learned Additional Sessions Judge-cum-POCSO Court No.-7,

          East     Champaran,         Motihari      that       all   petitioners    under

          conspiracy         kidnapped            the      minor        daughter       of

          informant/complainant, aged about 16 years for the purpose

          of illicit intercourse/marriage with another person.

                       4. It is submitted by learned counsel appearing for

          petitioners      that     out     of     neighbourhood          dispute    and

          differences,        the      petitioners         were        implicated     by

          complainant/informant falsely, which can be gathered from

          the statement of victim as recorded under Sections 180 and

          183 of the BNSS, which appears available under paragraph

          nos. 11 and 12 of the case diary, where she categorically

          stated that out of love, she solemnized marriage with one

          Pintu Yadav and was living in Delhi and while she was

          returning to her matrimonial home, she was arrested by the

          police. It is submitted that the victim while recording her

          statement under Section 183 of the BNSS failed to name

          these petitioners, who are ladies of clean antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by
           Patna High Court CR. MISC. No.40060 of 2026(2) dt.22-06-2026
                                                       3/3




                     taking note of fact as prima facie victim has failed to suggest

                     any involvement of these petitioners with crime in question,

                     while recording her statement under Sections 180 and 183

                     of the BNSS, accordingly, all above-named petitioners, who

                     are ladies of clean antecedent, in the event of their arrest or

                     surrender in the court below within a period of four weeks,

                     are directed to be released on bail, on furnishing bail bond of

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

                     of the like amount each to the satisfaction of the learned

                     VIIth District and Additional Sessions Judge-cum-Special

                     Judge, POCSO Act, East Champaran, Motihari in connection

                     with Pipra P.S. Case No.39 of 2026, subject to the

                     conditions as laid down under Section 438(2) of the

                     CrPC/under Section 482(2) of the BNSS.


                                                    (Chandra Shekhar Jha, J.)
    Sanjeet/-

U      T


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