Patna High Court
Babita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- PURNENDU SINGH
Holding
The court ordered that bail may be granted if the victim’s statement does not support the prosecution, subject to Section 482(2) BNSS 2023 and any conditions imposed by the district court.
Summary
Babita Devi, the maternal aunt of co‑accused Kapil Yadav, applied for pre‑arrest bail in a POCSO case alleging kidnapping and rape of a minor. The FIR alleged that she participated in the rape committed by Dinesh Yadav. Her counsel argued that the alleged victim was actually 17‑19 years old, was in a relationship with Kapil Yadav, and that no specific allegation was made against Babita Devi. The State opposed the bail. The High Court directed the district court to record the victim’s statement under Section 83 of the BNSS and, if the victim does not support the prosecution, to grant bail subject to Section 482(2) of the BNSS 2023 and any other conditions it deems fit. The bail application was therefore disposed with these directions.
Issues considered
- Whether pre‑arrest bail should be granted to the petitioner in the POCSO case.
- Whether the victim’s statement under Section 83 of the BNSS is a prerequisite for granting bail.
- Whether there is sufficient specific allegation against the petitioner to deny bail.
Legislation cited
- BNS — s. 137(2), 140(3), 3(5), 64(1)
- BNSS — s. 83
- BNSS, 2023 — s. 482(2)
- POCSO Act — s. 17, 4, 6, 8
Subjects
- pre‑arrest bail
- POCSO
- kidnapping
- rape
- victim statement
- Section 83
- Section 482
- bail conditions
- maternal aunt
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 15052 of 2026
Arising Out of PS. Case No.-323 Year-2024 Thana- TRIVENIGANJ District- Supaul
======================================================
Babita Devi W/o Dinesh Yadav Resident of Village- Sikiyahi, P.S.- Triveni-
ganj, District- Supaul
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX D/o YY Resident of Village- Sikiyahi ward no. 08, P.S.- Triveniganj,
Dist.- Supaul
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms.Patla Kumari, Advocate
For the Opposite Party/s : Ms.Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
2 25-03-2026 Heard learned counsel appearing on behalf of the
petitioner and the learned APP for the State.
2. At the very outset, learned counsel appearing on
behalf of the petitioner seeks to delete the information as
contained in Paragraph No.7 and Annexure P/2 of the bail
application in course of the day.
3. Permission accorded.
4. Petitioner seeks pre-arrest bail in connection with
POSCO Case No.97 of 2024 arising out of Triveniganj PS Case
No.323 of 2024, registered for the offences punishable under
Sections 137(2), 64(1), 140(3) and 3(5) of BNS and Sections 4,
6, 8 and 17 of POCSO Act.
5. As per the allegation made in the FIR, the petitioner
Patna High Court CR. MISC. No. 15052 of 2026(2) dt.25-03-2026
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and other co-accused persons kidnapped the informant, who was
aged about 14 years and the co-accused Dinesh committed rape
with her in which allegedly the petitioner had participated.
6. Learned counsel appearing on behalf of the
petitioner submitted that co-accused Kapil Yadav and the
informant were in relationship and the age of the informant has
been assessed between 17-19 years. Learned counsel further
submitted that co-accused Kapil Yadav has been released on
regular bail. In absence of any specific allegation against the
petitioner, she seeks to be released on pre-arrest bail.
7. Learned APP for the State vehemently opposed the
prayer for grant of pre-arrest bail to the petitioner.
8. Having considered the rival submissions made on
behalf of the parties, as well as, considering the fact that the co-
accused, Kapil Yadav has been released on bail with whom the
informant was in relationship and he established physical
relation with the informant. Petitioner is own maternal aunt of
co-accused Kapil Yadav and she has no role in the alleged
offence .
9. The learned district court is directed to call for the
statement of the victim recorded under Section 83 of BNSS and
if it is found that the informant has not supported the
Patna High Court CR. MISC. No. 15052 of 2026(2) dt.25-03-2026
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prosecution story, then in that case, the petitioner is directed to
be released on pre-arrest bail in connection with POCSO Case
No.97 of 2024, subject to conditions as laid down under
Section 482(2) of BNSS of 2023 and the other terms and
conditions as the learned district court deems fit and proper.
10. With the above observation/direction, the present
bail application stands disposed of.
(Purnendu Singh, J)
chn/-
U T
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