Patna High Court
Sobha DeviversusThe State of Bihar
- Decided
- Disposal
- DISMISSED
- Bench
- SANDEEP KUMAR
Holding
The Court denied regular bail to the petitioner, holding that the seriousness of the offences, her relationship with the victim, and the pending trial justified continued custody.
Summary
The petitioner, Sobha Devi, sought regular bail in a case registered under Sections 363(A), 366(A), 370(A) and 34 of the Indian Penal Code, alleging that she and the victim's mother sold the victim for marriage. The prosecution alleged that she is the victim's aunt and participated in the alleged sale. The trial court had examined all prosecution witnesses and was awaiting defence witnesses, with the petitioner in custody since September 2, 2023. The Patna High Court considered the seriousness of the offences, the petitioner’s familial relationship with the victim, and the pending stage of trial. Concluding that these factors warranted continued detention, the Court rejected the bail application, emphasizing that its observations were prima facie and not a determination on the merits of the case.
Issues considered
- Whether regular bail should be granted to the petitioner in a case involving alleged kidnapping, forced marriage and related offences under Sections 363(A), 366(A), 370(A) and 34 IPC, given the seriousness of the charges, her relationship with the victim, and the stage of the trial.
Legislation cited
- Indian Penal Code — s. 34, 363(A), 366(A), 370(A)
Subjects
- bail
- Indian Penal Code
- kidnapping
- forced marriage
- criminal procedure
- high court
- custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.91361 of 2025
Arising Out of PS. Case No.-264 Year-2023 Thana- ATHMALGOLA District- Patna
======================================================
Sobha Devi Wife of Shanker Mochi Resident of Village - Akabarpur, P.S.-
Barh, District - Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Kumar Pallavi, Advocate
Mr. Manoj Kumar Pandey
For the Opposite Party/s : Mr. Manoj Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
5 30-03-2026 Heard the learned counsel for the petitioner and
learned APP for the State.
2. The petitioner seeks regular bail in connection with
Athmalgola P.S. Case No. 264 of 2023 registered for the offence
under Sections 363(A), 366(A), 370(A)/34 of the Indian Penal
Code.
3. As per the prosecution case, the petitioner is the
aunt (Fua) of the victim. She, along with the mother of the
victim, is alleged to have sold the victim to Kanna Ram for
marriage purposes.
4. In the trial, all the witnesses have been examined
and the trial is pending for defence witness. The petitioner is in
custody since 02.09.2023.
Patna High Court CR. MISC. No.91361 of 2025(5) dt.30-03-2026
2/2
6. Considering the serious nature of the offences
alleged, the relationship of the petitioner with the victim, and
the stage of the trial, this Court is not inclined to grant regular
bail to the petitioner.
7. Accordingly, this application for regular bail stands
rejected.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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