Patna High Court – Orders
Sukma Devi vs The State Of Bihar on 20 August, 2025
Author: Chandra Shekhar Jha
Bench: Chandra Shekhar Jha
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10099 of 2025
Arising Out of PS. Case No.-27 Year-2024 Thana- GANGTA District- Munger
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Sukma Devi, W/o Suresh Ram, R/o Village-Charghara, P.S.-Jhajha, Distt.-
Jamui
... ... Petitioner
Versus
The State of Bihar
... ... Opposite Party
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Appearance :
For the Petitioner/s : Mr. Kumar Kamal Nayan, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar, APP
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CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
6 20-08-2025
Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The accused/petitioner seeks bail in connection
with Gangta P.S. Case No.27 of 2024 registered for the
offences punishable under Sections 363 and 366-A of the
Indian Penal Code (in short ‘IPC‘).
3. The accused/petitioner is named in the FIR and is
in custody since 26.04.2024.
4. Allegation against the petitioner is to force the
informant aged about 19 years to join in trade of immoral
activities.
5. It is submitted by learned counsel appearing for
petitioner that from the statement of victim as recorded under
Patna High Court CR. MISC. No.10099 of 2025(6) dt.20-08-2025
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Section 164 of the Code of Criminal Procedure (for short
‘CrPC‘), it can be gathered safely that she joined the trade of
immoral activities out of her own sweet will for the reason
that she was operating the mobile phone and also the bank
account independently. It is submitted that if it was under
force or coercion then, she had sufficient opportunity to report
the offence with concerned police, but, only when petitioner
was arrested by police, the activities of informant was also
came into picture. It is submitted that the victim admittedly a
major girl and she was apprehended from the house of co-
accused Leela Devi and not from this petitioner. While
concluding argument, it is submitted that despite of custody
of petitioner being a lady of clean antecedent i.e. of more
than one year since 26.04.2024 even this matter not appears
committed to the court of session.
6. Heard learned APP for the State.
7. A report regarding stage of trial was called for
from the learned trial court, which made available to this
Court through Letter No.25 dated 22.07.2025, which speaks
that still police paper to petitioner was not supplied in terms of
Patna High Court CR. MISC. No.10099 of 2025(6) dt.20-08-2025
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Section 207 of the CrPC and this matter is awaiting
commitment to sessions court.
8. In view of aforesaid factual submissions and by
taking note of fact as the informant/victim was major at the
time of occurrence and she appears recovered from the house
of co-accused and not from the house of this petitioner,
coupled with the fact that there is almost no progress in trial
and matter is still awaiting commitment despite of fact that
petitioner remains in custody since 26.04.2024, accordingly,
the petitioner, who is a lady of clean antecedent, is directed to
be released on bail furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Judicial Magistrate-1st
Class, Munger in connection with Gangta P.S. Case No.27 of
2024, subject to the conditions as laid down under Section
437(3) of the CrPC/under Section 480(3) of the Bhartiya
Nagrik Suraksha Sanhita (for short ‘BNSS’).
(Chandra Shekhar Jha, J.)
Sanjeet/-
U T