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Patna High Court

Sima DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Seema Devi, sought anticipatory bail after being implicated in a case (Bagaha Mahila P.S. Case No. 38 of 2025) alleging her involvement in sexual exploitation and the creation of obscene videos under Sections 126(2), 115(2), 65(1), 351(2) of the B.N.S. and Section 4 of the POCSO Act. The prosecution’s narrative described a complaint by a father that his daughter’s mobile phone led to the discovery of a SIM registered to Subhash Harijan, who allegedly threatened the informant with an obscene video and accused Seema Devi of facilitating sexual abuse. The petitioner contended she was innocent, had no prior criminal record, and that the allegations were fabricated out of animosity. The State opposed the bail, emphasizing the seriousness of the alleged sexual abuse. The Court, considering the gravity of the accusations, declined to grant anticipatory bail and dismissed the application.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner given the seriousness of the alleged offences under the B.N.S. and POCSO Act.

Legislation cited

Subjects

  • anticipatory bail
  • sexual abuse
  • POCSO
  • criminal law
  • bail denial
  • video extortion

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87391 of 2025
                   Arising Out of PS. Case No.-38 Year-2025 Thana- MAHILA P.S BAGHA District- West
                                                        Champaran
                 ======================================================
                 Sima Devi Son of Ranjit Kumar Ram Resident of Village - Gola Tola,
                 Madhubani, Police Station - Dhanaha, District - West Champaran.


                                                                                 ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar
           2.    X Son of Late Rambahadur Thakur R/o Village - Madhubani, P.S. -
                 Dhanaha, Dist. - West Champaran

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Prerna Anand, Adv
                 For the Opposite Party/s :      Mr. Nawal Kishore Prasad, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                       ORAL ORDER

3   23-02-2026                     Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                2. The petitioner apprehends her arrest in connection

                   with Bagaha Mahila P.S. Case No. 38 of 2025, registered for the

                   offence punishable under Sections 126(2), 115(2), 65(1), 351(2)

                   of B.N.S. and Section 4 of POCSO Act.

                                3. The case of the prosecution, in short, is that on

                   04.08.2025 at about 11:00 am, informant asked his daughter

                   regarding mobile phone, which was with her, then his daughter

                   told that Subhash Harijan had given her this mobile phone. On

                   checking it, the SIM was issued in the name of Subhash Harijan.
Patna High Court CR. MISC. No.87391 of 2025(3) dt.23-02-2026
                                            2/3




          When the informant went to Subhash Harijan's house and

          questioned him, he started abusing and threatened the informant

          that he has made an obscene video of informant’s daughter. The

          informant returned his house and asked his daughter then she

          stated that Subhash Harijan's daughter-in-law, Seema Devi, used

          to seduce me and get me sexually exploited by her father-in-law

          Subhash Harijan and used to make videos of it. Father-in-law

          Subhash Harijan and daughter-in-law Seema Devi both used to

          force me to have sex repeatedly by threatening me. She did not

          tell anything to anyone in her house due to the fear of the video

          going viral.

                       4. Learned counsel for the petitioner submits that the

          petitioner is innocent and has falsely been implicated in the

          present case There is no prior criminal history against the

          petitioner. This case has been fabricated solely on the basis of a

          fictitious story that is completely unnatural and stems from a

          prior animosity.

                       5. Learned A.P.P. for the State opposes the prayer of

          anticipatory bail.

                       6. Considering the seriousness of the allegation

          levelled against the petitioner of providing assistance in sexual

          abuse, this Court is not inclined to grant privilege of
              Patna High Court CR. MISC. No.87391 of 2025(3) dt.23-02-2026
                                                          3/3




                        anticipatory bail to the petitioner.

                                     7.   Accordingly,          the   present   anticipatory   bail

                        application stands rejected.



                                                 (Alok Kumar Sinha, J)
kiran/-

U         T


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