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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.35369 of 2026 Arising Out of PS. Case No.-779 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== Gyanti Devi W/o Lalan Ram R/o Village - Chapra Jagdishpur, P.S. - Sahebganj, Dist. - Muzaffarpur. ... ... Petitioner Versus The State of Bihar ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Alok Kumar Alok, Advocate For the Opposite Party/s : Mr.Shantanu Kumar, APP ======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 4 07-08-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The accused-petitioner, named in the F.I.R., is apprehending her arrest in connection with Sahebganj P.S. Case No. 779 of 2025 registered for the offences punishable under Sections 137(2) of the Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’).
3. As per FIR, the minor daughter of the informant, aged about 14 years, was called from her home by her school friend namely, Putul Kumari and thereafter she went to her home and from where she was missing.
4. Learned counsel appearing on behalf of the petitioner submitted that being school friend, the daughter of petitioner called the daughter of informant. It is submitted that from the house of petitioner, the victim daughter of the informant
Patna High Court CR. MISC. No.35369 of 2026(4) dt.07-08-2026 2/3 returned to her home after passing some time. It is submitted that after recovery, statement of the victim under section 183 of the B.N.S.S. was recorded where she categorically stated that she was sent by this petitioner to ‘Areraj’ where she was working. It is submitted that it is not a case of human trafficking also.
5. Arguing further, it is submitted by learned counsel that investigation categorically suggest that the minor daughter of the informant left her parental home on her own and she accompanied some unknown, who was waiting on the road. It is pointed out that at that point of time neither petitioner nor her daughter were found present. In support of his submission,
learned counsel drawn attention of this Court towards paragraph ‘6’ of the case diary. Petitioner is a lady of clean antecedent.
6. Learned A.P.P. for the State duly assisted by learned counsel appearing for the informant, while opposing the prayer for anticipatory bail of the petitioner, submitted that daughter of the informant was minor at the time of occurrence and she stated, while recording her statement under section 183 of the B.N.S.S., that this petitioner persuaded her to go for ‘Areraj’.
7. In view of the aforesaid factual submissions and by taking note of the fact as investigation suggest prima facie
Patna High Court CR. MISC. No.35369 of 2026(4) dt.07-08-2026 3/3 absence of petitioner at the time when the victim accompanied some unknown person who was waiting for her on road, coupled with the fact that allegation of human trafficking is also not appears available against the petitioner including allegation of kidnapping and sexual assault, accordingly, above-named petitioner, who is a lady of clean antecedent, in the event of her arrest/surrender within a period of four weeks from this order, is
directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate - 1st Class, Court No. 2, (West) Muzaffarpur /concerned court in connection with Sahebganj P.S. Case No. 779 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”).
Rajeev/- (Chandra Shekhar Jha, J) U T