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Patna High Court

Saraswati DeviversusThe State of Bihar

Decided
Disposal
REJECTED

Holding

The court refused bail, holding that the gravity of the allegations, including sexual assault of a minor, precludes the grant of bail.

Summary

The petitioner, Saraswati Devi, was arrested on 28‑08‑2025 in connection with a case alleging that she abducted a 15‑year‑old girl and facilitated her sexual assault. The prosecution relied on the victim’s statement recorded under Section 183 of the BNSS and a medical report indicating sexual assault, asserting that the offence involved a minor. The petitioner argued she had a clean record, claimed the FIR was fabricated, and sought bail. The court examined the seriousness of the allegations, the medical evidence, and the victim’s minor status, and concluded that these factors outweighed the petitioner’s claim of innocence. Consequently, the bail application was denied.

Issues considered

  • Whether bail should be granted to the petitioner accused under Section 137(2) of the BNS for alleged kidnapping and sexual assault of a minor.
  • Whether the victim’s statement under Section 183 of the BNSS and supporting medical evidence justify refusal of bail.

Legislation cited

Subjects

  • bail
  • kidnapping
  • sexual assault
  • minor
  • Section 137(2) BNS
  • Section 183 BNSS
  • POCSO Act
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.6133 of 2026
                     Arising Out of PS. Case No.-83 Year-2025 Thana- ANTICHAK District- Bhagalpur
                 ======================================================
                 Saraswati Devi Wife of Amit Kumar Choudhary @ Amit Kumar Resident of
                 village - Kasdi, P.S.- Antichak, District - Bhagalpur
                                                                       ... ... Petitioner
                                                      Versus
           1.     The State of Bihar
           2.     Y Son of Late Ramswaroop Mahaldar R/O village - Kasdi, P.S.- Antichak,
                  District - Bhagalpur.
                                                                  ... ... Opposite Parties
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ranjan Kumar Jha
                 For the Opposite Party/s :       Mr. Shyam Bihari Singh
                 For the informant        :       Mr. Akhauri Kamal Kishore
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER
3   09-04-2026                      Heard learned counsel for the petitioner, learned

                   counsel for the informant and learned Additional Public

                   Prosecutor for the State.

                               2. Petitioner seeks bail who is in custody since

                   28.08.2025 in connection with Antichak P.S. Case No. 83 of

                   2025, for the offence punishable under Section 137(2) of BNS.

                               3. The prosecution story, in brief, is that on 11.08.2025

                   at 08.00 hrs in morning, Saraswati Devi has disappeared the

                   informant’s daughter namely the victim "x" by curing her who is

                   only 15 years. It is further alleged that last time some persons

                   has seen his daughter with Saraswati Devi at Kahalgaon.

                               4. Learned counsel for the petitioner submits that

                   petitioner has clean antecedent and she has falsely been

                   implicated in the present case, it is next submitted that the

                   allegation as alleged in the FIR is forged and fabricated and the

                   petitioner has not committed any offence as alleged in the FIR.
          Patna High Court CR. MISC. No.6133 of 2026(3) dt.09-04-2026
                                                      2/2




                                5. Learned APP for the State and learned counsel for

                    the informant, on the other hand, have vehemently opposed the

                    prayer for bail of the petitioner and submit that the victim in her

                    statement recorded under Section 183 of BNSS has particularly

                    stated that the petitioner took her to an unknown place where

                    she kept her in a room and a young boy had committed rape

                    upon her and the medical report of the victim also suggests that

                    she has been sexually assaulted by the accused persons and on

                    the date of occurrence the victim was minor and her date of

                    birth is 15.02.2010 which suggests that on the date of

                    occurrence the victim was minor.

                                6. Considering the nature of allegation supported by

                    medical evidence, the Court is not inclined to enlarge the

                    petitioner on bail in connection with Antichak P.S. Case No. 83

                    of 2025, pending in the court of learned Exclusive Special

                    Judge, POCSO-cum-District and Additional Sessions Judge-VII,

                    Bhagalpur.

                                 7. Prayer is refused.



                                           (Rajesh Kumar Verma, J)
Gaurav Sinha/-
U      T


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