Patna High Court
Saraswati DeviversusThe State of Bihar
- Decided
- Disposal
- REJECTED
- Bench
- RAJESH KUMAR VERMA
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
- BNS — s. 137(2)
- BNSS — s. 183
- Protection of Children from Sexual Offences Act, 2012
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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