Patna High Court
Sushila DeviversusTHE STATE OF BIHAR
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court allowed the anticipatory bail application, subject to the condition that the victim’s statement confirming elopement be recorded within four weeks.
Summary
The petitioners sought anticipatory bail in a case (Mahindwara P.S. Case No. 51 of 2025) where they were implicated for offences under Sections 96, 3(5) of the Bihar Negotiable Substances Act and Section 8 of the POCSO Act, alleged kidnapping of a minor. The prosecution alleged that the accused had abducted the informant's daughter, while the petitioners contended they were falsely implicated and that the girl had eloped and married the main accused. The learned APP opposed the bail, arguing the seriousness of the offences. The Court, after hearing both sides, granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs.10,000 with two sureties, subject to Section 438(2) of the CrPC and Section 482 of the BNSS. The bail is conditioned on the victim appearing before the lower court within four weeks to record her statement confirming the elopement; otherwise the bail may be cancelled.
Issues considered
- Whether anticipatory bail can be granted to persons accused under Sections 96, 3(5) of the BNSS and Section 8 of the POCSO Act.
- Whether the victim's statement of elopement affects the grant of bail.
- Whether the conditions prescribed under Section 438(2) of the CrPC and Section 482 of the BNSS are satisfied.
Legislation cited
Subjects
- anticipatory bail
- POCSO Act
- kidnapping
- false implication
- Section 438 CrPC
- Section 482 BNSS
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.77985 of 2025
Arising Out of PS. Case No.-51 Year-2025 Thana- MAHINDWARA District- Sitamarhi
======================================================
1. Sushila Devi W/O Ashok Ram R/o- Village- Olipur, P.S- Mahindwara,
District- Sitamarhi.
2. Sanju Kumari D/o-Ashok Ram R/o- Village- Olipur, P.S- Mahindwara,
District- Sitamarhi.
3. Chandrika Devi W/o-Nandu Ram R/o- Village- Olipur, P.S- Mahindwara,
District- Sitamarhi.
4. Ashok Ram S/o-Bhikhari Ram R/o- Village- Olipur, P.S- Mahindwara,
District- Sitamarhi.
5. Nandu Ram S/o- Asadhi Ram @ Aasdhi Ram R/o- Village- Olipur, P.S-
Mahindwara, District- Sitamarhi.
... ... Petitioner/s
Versus
1. THE STATE OF BIHAR Patna
2. Most. Pramshila Devi W/o Late Ganesh Baitha R/o- Village- Olipur, P.S.-
Mahindwara, Distt.- Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deovind Kumar Singh, Advocate
For the Opposite Party/s : Mr.Dr.Mrityunjaya Kr.Gautam, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Mahindwara P.S. Case No. 51 of 2025
registered for the offence under Sections 96, 3(5) of B.N.S. and
Section 8 of the POCSO Act.
3. As per the prosecution case, few FIR named
accused persons are alleged to have kidnapped the daughter of
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the informant.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. It is next submitted that the
victim girl is alleged to have eloped and got married to Vikesh
Kumar which is apparent from Annexure ‘P/2’ of the petition.
Petitioners have clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioners.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties
of the like amount each to the satisfaction of the learned District
and Addl. Sessions Judge-VI-cum- Special Judge (POCSO Act),
Sitamarhi/ concerned Court below in connection with
Mahindwara P.S. Case No. 51 of 2025, subject to the conditions
laid down in Section 438(2) of the Code of Criminal Procedure,
1973 / Section 482 of the BNSS.
8. This is subject to the condition that the victim girl
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will first appear and get her statement recorded in the court
below within four weeks and if she agrees that she had eloped
with the main accused then the bail bond of the petitioners shall
be accepted otherwise it will not be accepted by the concerned
court below.
(Sandeep Kumar, J)
tusharika/-
U T
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