Anita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.65097 of 2025 Arising Out of PS. Case No.-418 Year-2023 Thana- CHAUTHAM District- Khagaria ====================================================== 1.
Anita Devi w/o - Sikendra Sada Resident of village - Bharpura, PsChautham, Dist- Khagaria 2.
Bindul Devi Wife of Manjit Sada Resident of village - Bharpura, PsChautham, Dist- Khagaria 3.
Gunjo Devi Wife of Rupam Sada Resident of village - Bharpura, PsChautham, Dist- Khagaria ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Indal Sada son of Shibu Sada Resident of village - Bharpura, Ps- Chautham, Dist- Khagaria ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Mritunjay Kumar , Advocate For the Opposite Party/s :
Mr. Shailendra Kumar , APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-09-2025 Heard learned counsel for the petitioners and the State .
2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 363 , 366 (A) , 376, 120 ( B ) and 34 of IPC and section 4 of POCSO Act. 3 . As per the prosecution case , informant namely Indal Sada alleged that on 04.12.2023 at about 9:00 AM his minor daughter went to school but did not return home . During search , informant learned that all the accused persons including these petitioners kidnapped her minor daughter.
Patna High Court CR. MISC. No.65097 of 2025(2) dt.17-09-2025 2/3
4. It is submitted on behalf of the petitioners that petitioners are innocent and have committed no offence as alleged. As a matter of fact there was love affairs between the daughter of informant and co-accused Rambriksh Sada and out of love both of them left their house without giving any information to the family members. Petitioners have been made accused in this case merely because they happen to be family members of co-accused Rambriksh Sada against whom there is specific allegation of kidnapping the minor daughter of informant. The victim was recovered and she in her statement recorded under section 164 Cr. PC has categorically stated that there was love affair between co-accused Ram Briksh Sada and her and out of love she went away with Rambriksh sada and both of them solemnized marriage on 08.12.2023 and no one has kidnapped her. Petitioners are ladies and claim clean antecedent.
5 . Learned counsel for the State oppose the bail petition .
6 Considering the statement of the victim recorded under section 164 Cr. PC , clean antecedent of these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as
Patna High Court CR. MISC. No.65097 of 2025(2) dt.17-09-2025 3/3 named above, be enlarged on bail on furnishing bail bond of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned special Judge POCSO Act Khagaria in connection with Choutham P.S. Case No. 418 of 2023 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .
(Prabhat Kumar Singh, J) Koushik/- U T