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Patna High Court

Kajal KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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/-

U        T


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