Sobrati Devan @ Sobrati v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15574 of 2026 Arising Out of PS. Case No.-105 Year-2025 Thana- Pachpakdi District- East Champaran ====================================================== 1.
Sobrati Devan @ Sobrati Son of Amin Resident Of Village- Lahsaniya, P.s.- Pachpakri, District -East Champaran 2.
Motijan Khatoon @ Motibun Nesha Wife of Sobrati Devan @ Sobrati Resident Of Village- Lahsaniya, P.s.- Pachpakri, District -East Champaran 3.
Nasibuddin @ Md. Nasibuddin Son of Sobrati Devan @ Sobrati Resident Of Village- Lahsaniya, P.s.- Pachpakri, District -East Champaran 4.
Wasima Khatoon Daughter of Sobrati Devan @ Sobrati Resident Of VillageLahsaniya, P.s.- Pachpakri, District -East Champaran 5.
Nazia Khatoon @ Naznee Begum Wife of Ashik Devan Resident Of VillageLahsaniya, P.s.- Pachpakri, District -East Champaran ... ... Petitioner/s
Versus
The State of Bihar .. ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Rakesh Kumar, Adv.
For the Opposite Party/s :
Mr. Bharat Lal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 12-03-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Pachpakri PS Case No. 105 of 2025 dated 24.06.2025 for the offence punishable under sections 137(2) and 87 of the BNS, 2023.
3. As per the prosecution case, the allegation against the petitioners is that they, by hatching conspiracy, have abducted the 22 years old daughter of the informant while they were not at home. Accordingly, the FIR.
4. Learned counsel for the petitioners submits that petitioner No. 1 is maternal grand father, petitioner no.2 is maternal grand mother, petitioner no.3 is maternal uncle,
Patna High Court CR. MISC. No.15574 of 2026(2) dt.12-03-2026 2/3 petitioners no. 4 and 5 are aunties of main accused, namely, Amanullah son of Jafrul Mobin. It is further submitted that there has been love affair between the daughter of informant, namely, Afsana Khantoon and the co-accused, Amanullah and they solemnized marriage out of their own volition on 25.11.2025 at Kutubkhana Bazar. In order to buttress his submissions with regard to the solemnization of marriage, the marriage certificate has been appended as Annexure P/2 to the present application for anticipatory bail. Petitioners are ready to co-operate with the investigation and they have got clean antecedent.
5. Learned APP opposes the prayer for anticipatory bail.
6. Considering the fact that the petitioners have got no role to play, the informant's daughter and maternal grand son of petitioner no.1 have already solemnized marriage, this Court is inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners, above named, be released on bail in the event of arrest or surrender within a period of six weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Sikrahana at Dhaka, East Champaran, Motihari in
Patna High Court CR. MISC. No.15574 of 2026(2) dt.12-03-2026 3/3 connection with aforesaid PS Case, subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:- (i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his/their bail bonds.
(Ajit Kumar, J) perwez U T