Patna High Court
Sima DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- ALOK KUMAR SINHA
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
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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
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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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