Patna High Court
Arti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is allowed to the petitioners subject to the conditions imposed by the Court.
Summary
The petitioners, Arti Devi and Chandra Kala Devi, applied for anticipatory bail fearing arrest in a case registered under Sections 363, 366(A) and 34 of the Indian Penal Code and Sections 4 and 17 of the Protection of Children from Sexual Offences Act, relating to the alleged kidnapping of a minor. The FIR dated 29‑05‑2023 described the disappearance of the minor and identified co‑accused, but the petitioners were not named in the FIR; their names emerged later from the victim’s confessional statement alleging domestic abuse. The petitioners contended they were innocent, had no prior criminal record, and that the matter stemmed from a domestic dispute. The State opposed the bail application. Considering the nature of the accusation, the petitioners’ clean antecedent, and the circumstances, the Court granted anticipatory bail subject to a bail bond of Rs.10,000 each with two sureties and conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in a case involving alleged kidnapping and offences under the IPC and POCSO Act
- Whether the petitioners’ alleged involvement, based solely on a victim’s confessional statement, warrants pre‑emptive detention
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Indian Penal Code — s. 34, 363, 366(A)
- Protection of Children from Sexual Offences Act — s. 17, 4
Subjects
- anticipatory bail
- kidnapping
- IPC
- POCSO
- clean antecedent
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85113 of 2025
Arising Out of PS. Case No.-366 Year-2023 Thana- SHAHPUR PATORI District- Samastipur
======================================================
1. Arti Devi Wife of Saroj Jha Resident of Village- Bijharauli, P.S.- Tisiauta,
District- Vaishali
2. Chandra Kala Devi W/O Late Upendra Jha Resident of Village- Bijharauli,
P.S.- Tisiauta, District- Vaishali
... ... Petitioner/s
Versus
1. The State of Bihar
2. Indu Devi W/O Arvind Rajak Resident of Village- Uttari Dhamoun, P.S.-
Patory, District- Samastipur
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar Singh, Advocate
For the Opposite Party/s : Mr. Amitesh Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 30-03-2026 Despite valid service of notice, none appears on
behalf of the opposite party no. 2.
2. Heard learned counsel for the petitioners and the
State.
3. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 363, 366(A)/34 of the
Indian Penal Code and Sections 4, 17 of the Protection of
Children from Sexual Offences Act.
4. As per F.I.R., on 29.05.2023 at about 7 AM, minor
daughter of the informant went to school but did not return.
Upon search informant came to know that co-accused Shyam
Patna High Court CR. MISC. No.85113 of 2025(3) dt.30-03-2026
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Sundar Rai and Sonu Kumar have kidnapped her.
5. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Petitioners are not named in the F.I.R. and their names
transpired during investigation on the basis of confessional
statement of the victim wherein she stated that these petitioners
used to beat her when she denied to cook food. As a matter of
fact, when victim was found alone near Manhar Bazar, Vaishali,
local people married her to co-accused Sanoj Kumar Jha @
Raushan Jha, who is son of petitioner no. 2. Domestic dispute
arising out of marital discord let to institution of this case.
Petitioners claim clean antecedent.
6. Learned A.P.P. for the State vehemently opposed
the bail application.
7. Considering the nature of accusation, clean
antecedent and other facts and circumstances of the case, this
anticipatory bail is allowed and it is ordered that let the above
named petitioners in the event of their arrest/surrender before
the court below within a period of eight weeks from today, be
enlarged 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 Additional Sessions Judge-VI-cum-Special Court
Patna High Court CR. MISC. No.85113 of 2025(3) dt.30-03-2026
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(POCSO) Act, Samastipur in connection with Patory P. S. Case
No. 366 of 2023, subject to condition as laid down under
Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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