Patna High Court
Saraswati @ Saraswatiya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner subject to a bond and specific conditions.
Summary
The petitioner, Saraswati, was arrested on 6 July 2025 in connection with a kidnapping case (PS Case No. 45 of 2025) alleged under Sections 139, 140(3), 141, 123, 3(5) of the Bihar Narcotic Substances Act, 2023 and Sections 8 and 12 of the POCSO Act. She filed a bail petition claiming a clean antecedent, that the FIR was fabricated, and that no substantive case was made against her. The State, represented by an Additional Public Prosecutor, opposed the bail. The court noted that the second opposite party had not appeared despite service of notice and considered the petitioner's arguments. Consequently, the court ordered her release on bail upon furnishing a Rs.10,000 bond with two sureties and imposed conditions regarding cooperation with the trial, non‑tampering with evidence, and verification of criminal antecedent.
Issues considered
- Whether bail should be granted to the petitioner accused of kidnapping and offences under the Bihar Narcotic Substances Act, 2023 and the POCSO Act.
- Whether the alleged fabrication of the FIR and the petitioner's clean antecedent justify bail.
- Whether the conditions imposed by the Exclusive Special Court (POCSO) are sufficient for bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 123, 139, 140(3), 141, 3(5)
- Protection of Children from Sexual Offences Act, 2012 — s. 12, 8
Subjects
- bail
- kidnapping
- POCSO Act
- criminal procedure
- false FIR
- antecedent
- exclusive special court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.80043 of 2025
Arising Out of PS. Case No.-45 Year-2025 Thana- LAXMIPUR District- Jamui
======================================================
Saraswati @ Saraswatiya Devi W/O Chhapli @ Chandan Manjhi R/O
Village- Harma Phadi, P.S.- Laxmipur, District- Jamui
... ... Petitioner/s
Versus
1. The State of Bihar
2. Achal Turi D/o Late Suraj Turi R/v - Harma Phadi, P.S. - Laxmipur, District-
Jamui
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Niranjan Parihar, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
3 29-01-2026 Heard Mr.Niranjan Parihar, learned counsel for the
petitioner and Mr.Shailendra Kumar, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
06.07.2025 in connection with Laxmipur P.S. Case No. 45 of
2025, F.I.R. dated 19.02.2025 registered for the offence
punishable under Sections 139,140(3),141,123,3(5)of BNS,2023
and Section 8 and 12 of POCSO Act.
3. The prosecution case, in short, is that on
17.02.2025, accused persons including the petitioner are alleged
to have kidnapped the daughter (the victim) of the informant.
4. Learned counsel appearing for the petitioner
Patna High Court CR. MISC. No.80043 of 2025(3) dt.29-01-2026
2/3
submits that despite valid service of notice upon opposite party
No.2, no one appears on behalf of opposite party No.2. Further
submits that the petitioner has clean antecedent. The allegation
as alleged in the FIR is false and fabricated and the petitioner
has not committed any offence as alleged in the FIR. From a
bare perusal of the FIR it appears that no case is made out
against the petitioner in the present case and the present FIR has
been instituted only to harass the petitioner. The police, after
investigation, submitted the chargesheet against the petitioner
and the petitioner is in custody since 06.07.2025.
5. Learned A.P.P. for the State, on the other hand, has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts, let the petitioner,
above named, be released on bail on furnishing bail bond of
Rs.10,000/- (Ten Thousand) with two sureties of the like amount
each to the satisfaction of learned Exclusive Special Court
(POCSO) Jamui in connection with Laxmipur P.S. Case No. 45
of 2025, with the following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
Patna High Court CR. MISC. No.80043 of 2025(3) dt.29-01-2026
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reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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