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Patna High Court

JENI DEVI @ GENI DEVIversusTHE STATE OF BIHAR

Decided
Disposal
BAIL REJECTED

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

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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