Patna High Court
JENI DEVI @ GENI DEVIversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The petition for anticipatory bail is dismissed.
Summary
The petitioner, Jeni Devi, sought anticipatory bail after being implicated in a case registered under Sections 363 and 366(A) of the Indian Penal Code and Section 8 of the POCSO Act for allegedly abducting and administering an intoxicating substance to a minor. The FIR alleged that the petitioner took the informant's daughter to a fair, failed to return, and later the victim, upon regaining consciousness, identified the petitioner and a co-accused. The victim’s statement was recorded under Section 164 of the CrPC, detailing the alleged assault and intoxication. The court examined the seriousness of the allegations, the victim’s recorded testimony, and the statutory provisions governing anticipatory bail. Considering the gravity of the offences and the victim’s corroborated statement, the court rejected the petition for anticipatory bail.
Issues considered
- Whether anticipatory bail can be granted to the petitioner in light of the serious allegations under IPC Sections 363, 366(A) and POCSO Act Section 8
- Whether the victim's statement recorded under Section 164 CrPC suffices to deny anticipatory bail
Legislation cited
- Criminal Procedure Code — s. 164
- Indian Penal Code — s. 363, 366A
- Protection of Children from Sexual Offences Act, 2012 — s. 8
Subjects
- anticipatory bail
- kidnapping
- attempted rape
- POCSO Act
- Criminal Procedure Code
- victim statement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6394 of 2026
Arising Out of PS. Case No.-560 Year-2022 Thana- GHORASAHAN District- East
Champaran
======================================================
JENI DEVI @ GENI DEVI W/O RANDHIR PRASAD RESIDENT OF
KAWAIYA, P.S.- JHAROKHAR, DISTRICT- EAST CHAMPARAN, BIHAR
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR
2. CHHOTE LAL PRASAD S/O VISHWA NATH PRASAD RESIDENT OF
VILL.- KAWAIYA, P.S.- JHAROKHAR, DISTRICT- EAST
CHAMPARAN, BIHAR
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nawal Kishore Prasad
For the Opposite Party/s : Mr.Chandra Sen Prasad Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
5. 08-07-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner apprehends her arrest in a case,
registered for offence punishable under Sections 363, 366(A) of
the I.P.C. and Section 8 of the POCSO Act.
3. As per F.I.R., on 04.10.2022 at 6 PM, the petitioner
came to the house of informant and took informant’s daughter
with her to see the fair, but till night did not return and when
informant went to petitioner’s house in search of his daughter,
the petitioner abused and quarreled with informant.
4. During investigation, the victim girl was recovered
and her statement was recorded under Section 164 Cr.P.C.
Patna High Court CR. MISC. No.6394 of 2026(5) dt.08-07-2026
2/2
wherein she levelled specific accusation against this petitioner
and stated that this petitioner administered her some intoxicated
substance, due to which, she (victim) became unconscious and
when she regained her consciousness, she found that there was
vermilion on her forehead and co-accused Randhir was present
there.
5. Considering the nature of accusation and statement
of the victim recorded under Section 164 Cr.P.C., the prayer for
anticipatory bail of petitioner is rejected.
(Prabhat Kumar Singh, J)
anay
U T
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