Patna High Court
Kajal KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court held that anticipatory bail is warranted and granted it subject to the stipulated conditions.
Summary
Kajal Kumari petitioned the Patna High Court for anticipatory bail, fearing arrest in a case registered under Sections 76 and 3(5) of the Bharatiya Nyaya Sanhita and Sections 8 and 12 of the POCSO Act. She emphasized her clean antecedent and that she is a woman. The petitioner relied on a prior order granting anticipatory bail to Hiralal Mahto in Cr. Misc. No.77694 of 2025, arguing the facts were analogous. The State opposed the bail on the ground of the seriousness of the offences. After considering the earlier order and the petitioner’s circumstances, the Court granted anticipatory bail, subject to a bail bond of Rs 10,000, two sureties of equal amount, and a six‑week window for surrender, under Section 482(2) of the BNSS.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the petitioner’s case is analogous to the earlier anticipatory bail order in Cr. Misc. No.77694 of 2025.
- Whether Section 482(2) of the Bharatiya Nyaya Sanhita permits the grant of anticipatory bail in the present case.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 3(5), 482(2), 76
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- POCSO Act
- Section 482
- gender considerations
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.17649 of 2026
Arising Out of PS. Case No.-118 Year-2025 Thana- GHOGHARDIHA District- Madhubani
======================================================
Kajal Kumari Son of Bijan Mahto @ Ram Prakash Mahto R/o Village -
Bagarah, Bagraha, P.S. - Ghoghardiha, District - Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Bechan Mahto Son of Sukan Mahto R/o Village - Bagraha, Ward no. 11, P.S.
- Ghoghardiha, District - Madhubani.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Gagan Deo Yadav, Adv.
Mr. Rajesh Kumar, Adv.
For the Opposite Party/s : Mr. Rajiv Nayan, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 19-06-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered for the offences punishable under Sections 76 and
3(5) of the Bharatiya Nyaya Sanhita and Section 8 and 12 of
POCSO Act.
3. Learned counsel for the petitioner submits that the
petitioner is a person with clean antecedent and a woman. It is
next submitted that Hiralal Mahto @ Hiralal Kumar Mahto
along with two others had approached this court seeking
anticipatory bail by filing Cr. Misc. No.77694 of 2025 and the
same came to allowed by an order dated 02.12.2025. It is
Patna High Court CR. MISC. No.17649 of 2026(2) dt.19-06-2026
2/2
submitted that the case of the petitioner if not akin is similar to
the case of Hiralal Mahto @ Hiralal Kumar Mahto.
4. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
5. After hearing the learned counsel for the parties and
taking into consideration the order dated 02.12.2025 in Cr.
Misc. No.77694 of 2025, the petitioner above-named, in the
event of her arrest or surrender before the learned trial court
within a period of six weeks from today, be released on
anticipatory bail on furnishing bail bonds of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned trial court where the case
is pending/successor court in connection with Ghoghardiha P.S.
Case No. 118 of 2025, subject to the conditions as laid down
under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
amit/-
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