Patna High Court
Pratima DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
In the absence of specific allegations against the petitioner and given her clean antecedents, the Court held that anticipatory bail under Section 438 CrPC may be granted subject to prescribed conditions.
Summary
Pratima Devi applied for anticipatory bail fearing arrest in a POCSO case where she was alleged to have facilitated a rape by calling the victim out of her house, after which Sudhanshu Kumar allegedly committed the offence. The prosecution alleged offences under Sections 65(1), 351(2), 3(5) of the B.N.S. and Section 4 of the POCSO Act, but there was no specific allegation against the petitioner herself. The petitioner asserted her innocence, clean antecedents and that the main accusation was against the alleged rapist. The State opposed the bail, arguing the seriousness of the charges. The Court, after considering the lack of direct incriminating material against the petitioner, allowed the anticipatory bail with a bond of Rs 10,000 and two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the B.N.S.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 438 CrPC in view of the allegations under the POCSO Act and B.N.S.
- Whether the prosecution has sufficient material to justify denial of anticipatory bail against the petitioner
- Whether the petitioner’s clean antecedents and lack of specific allegations warrant the grant of bail
Legislation cited
- B.N.S. — s. 3(5), 351(2), 482, 65(1)
- Code of Criminal Procedure, 1973 — s. 438(2)
- Protection of Children from Sexual Offences Act, 2012 — s. 4
Subjects
- anticipatory bail
- POCSO Act
- rape
- false implication
- bail conditions
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11116 of 2026
Arising Out of PS. Case No.-1 Year-2025 Thana- DHORAIYA District- Banka
======================================================
Pratima Devi W/O Pawan Mandal R/O Village- Shasan, P.S- Dhoraiya, Distt.-
Banka.
... ... Petitioner/s
Versus
1. The State of Bihar
2. X D/O- Y R/O Village- Shasan, P.S- Dhoraiya, Distt.- Banka.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Brij Nandan Prasad, Advocate
For the Opposite Party/s : Mr.Mithlesh Kumar Khare, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 18-02-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends her arrest in
connection with Dhoraiya P.S. Case No. 01 of 2025 registered
for the offence under Sections 65(1), 351(2), 3(5) of B.N.S. and
Section 4 of the POCSO Act
3. As per the prosecution case, petitioner is
alleged to have called the victim out of her house and then after
sometime, one Sudhanshu Kumar committed rape upon her.
4. It has been submitted by the learned counsel for
the petitioner that the petitioner is innocent and she has falsely
been implicated in the case. It is next submitted that petitioner is
a woman and the main allegation is against one Sudhanshu
Patna High Court CR. MISC. No.11116 of 2026(2) dt.18-02-2026
2/2
Kumar of committing rape upon the girl and there is no specific
allegation against the petitioner. Petitioner has clean antecedent.
5. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner.
6. Considering the aforesaid facts, this application
is allowed.
7. Let the petitioner, above named, in the event of
her arrest or surrender before the concerned Court below within
four weeks from today, be released on bail on furnishing bail
bond of Rs. 10,000/- (Ten Thousand) with two sureties of the
like amount each to the satisfaction of the learned Court of
Additional Sessions Judge-VI-cum- Special Judge, POCSO,
Banka/ concerned Court below in connection with Dhoraiya P.S.
Case No. 01 of 2025, subject to the conditions laid down in
Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
tusharika/-
U T
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