Patna High Court

Sushila DeviversusThe State of Bihar

Decided: 17 February 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The court granted anticipatory bail to the petitioner subject to the stipulated conditions.

Summary

The petitioner, Sushila Devi, feared arrest in a case involving multiple serious offences under the Indian Penal Code and the Immoral Trafficking (Prevention) Act. She applied for anticipatory bail, arguing that she has a clean record and is a woman, and that similar applicants in Criminal Miscellaneous No. 50861 of 2024 were granted bail. The State opposed the application. The court examined the earlier order and found the present case analogous, granting anticipatory bail on the condition that the petitioner furnishes a bail bond of Rs.10,000 with two sureties, and complies with Section 482(2) of the BNSS. The order is subject to the trial court’s satisfaction and remains effective for six weeks from the date of the order.

Issues considered

Whether the petitioner is entitled to anticipatory bail despite the seriousness of the offences alleged.
Whether the principle of parity with the earlier case (Criminal Misc. No. 50861 of 2024) warrants granting anticipatory bail.
Whether the conditions imposed under Section 482(2) of the BNSS are appropriate.

Legislation cited

Bihar Negotiable Settlement Scheme (BNSS) — s. 482(2)
Indian Penal Code — s. 120B, 328, 342, 363, 366, 370, 372, 373, 376, 506

Subjects

anticipatory bail
Indian Penal Code
Immoral Trafficking (Prevention) Act
parity
high court

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79109 of 2025
                      Arising Out of PS. Case No.-72 Year-2024 Thana- BAKHARI District- Begusarai
                 ======================================================
                 Sushila Devi W/O Rajeev sah R/O Vill.- Shanti Tola, Bakhri, Ward no.-
                 14,p.s- Bakhri, Dist.- Begusarai
                                                                        ... ... Petitioner/s
                                                  Versus
                 The State of Bihar
                                                                 ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Shubhesh Pandey, Advocate
                 For the Opposite Party/s :       Mr. Nirmal Kumar Sinha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   17-02-2026                  1. 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 the offences punishable under Sections 342, 328,

                   363, 366, 370, 372, 373, 376, 506 and 120(B) of the Indian

                   Penal Code read with Sections 3, 4 and 5 of the Immoral

                   Trafficking (Prevention) Act.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman. It is

                   next submitted that Lalita Devi, Dilip Sah and Chandni Devi

                   had moved this Court seeking anticipatory bail by filing

                   Criminal Miscellaneous No. 50861 of 2024 and the same came

                   to be allowed by an order dated 24.09.2024 after considering the

                   case in detail and on merits, thus, the learned counsel seeks

                   anticipatory bail for the petitioner based on parity.
            Patna High Court CR. MISC. No.79109 of 2025(2) dt.17-02-2026
                                                        2/2




                                   4. Learned       A.P.P.     for    the   State   opposes   the

                      anticipatory bail application of the petitioner.

                                   5. The Court has gone through the order dated

                      24.09.2024 in Criminal Miscellaneous No. 50861 of 2024 and

                      finds that the case of the petitioner is similar to the case of

                      petitioners of Criminal Miscellaneous No. 50861 of 2024.

                                   6. Considering the submissions made by the learned

                      counsel for the petitioner and taking into consideration the order

                      dated 24.09.2024 in Criminal Miscellaneous No. 50861 of 2024

                      the petitioner above-named, in the event of her arrest or

                      surrender within a period of six weeks from today, be released

                      on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

                      (Rupees Ten Thousand) with two sureties of the like amount

                      each to the satisfaction of the learned trial court where the case

                      is pending/successor court in connection with Bakhari P.S. Case

                      No. 72 of 2024 subject to the conditions as laid down under

                      Section 482 (2) of BNSS.



                                                              (Satyavrat Verma, J)
Rishabh/-

U      T

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