Nirmla Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47587 of 2025 Arising Out of PS. Case No.-346 Year-2023 Thana- PARIHAR District- Sitamarhi ====================================================== 1.
Nirmla Devi wife of Mithlesh Sah @ Mithila Sah Resident Of VillageBarahi, Ward No 8, Ps -Parihar, Dist -Sitamarhi 2.
Phulwa Devi wife of Late Ram Chandra Sah Resident Of Village- Barahi, Ward No 8, Ps -Parihar, Dist -Sitamarhi 3.
Santosh Sah son of Late Ram Chandra Sah Resident Of Village- Barahi, Ward No 8, Ps -Parihar, Dist -Sitamarhi ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Musmat Lilma Devi Wife of Late Jagdish Sah Resident Of Village- Barahi, Ward No 8, Ps -Parihar, Dist -Sitamarhi ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sanjay Kumar For the Opposite Party/s :
Mr. Madhura Nand Jha ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 30-07-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code read with Section 8 of the POCSO Act.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and the informant alleges that Shyam lured her minor daughter on pretext of marriage and fled with her and in the occurrence accused persons including the petitioners helped them in fleeing, further the victim fled with ornaments.
Patna High Court CR. MISC. No.47587 of 2025(2) dt.30-07-2025 2/2
4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case being family members of Shyam. It is also submitted that the victim has come back and her statement was recorded under Section 164 Cr.P.C. wherein she has not supported the case of the prosecution, rather has stated that she was fed up with the conduct of her elder sister who used to torture her, as such, she fled to Nepal.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Parihar P.S. Case No. 346 of 2023 subject to the conditions as laid down under Section 482 (2) of the BNSS.
(Satyavrat Verma, J) Rishabh/- U T