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Patna High Court

Sobha DeviversusThe State of Bihar

Decided
Disposal
DISMISSED

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

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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