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Patna High Court

Nandlal SahversusThe State Of Bihar

Decided
Disposal
ALLOWED

Holding

The petitioners are entitled to anticipatory bail subject to the conditions imposed by the Court.

Summary

The petitioners, Nandlal Sah and Asha Devi, parents of the alleged rapist Ramkrishna Sah, were named as accused in a FIR alleging offences under Sections 341, 323, 376, 504/34 of the IPC and Section 4 of the POCSO Act. They applied for anticipatory bail, contending that the allegations against them were vague, omnibus and that no specific charge of rape or POCSO offence was made against them. The State and the informant opposed the bail, arguing that the petitioners were named in the FIR and the prosecution’s version was supported by witness statements. The Court noted the petitioners' clean antecedent, the absence of any specific allegation against them in the victim’s statement, and held that the general accusations did not justify denial of bail. Consequently, the Court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and compliance with Section 438(2) of the CrPC, while reserving the right to cancel the bail if they fail to cooperate with the investigation.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail despite being named in the FIR for offences including rape and POCSO.
  • Whether general and omnibus allegations against the petitioners suffice to deny bail.
  • Whether the petitioners' clean antecedent and lack of specific charge under Sections 376 IPC and 4 POCSO warrant grant of bail.

Legislation cited

Subjects

  • anticipatory bail
  • general allegations
  • clean antecedent
  • POCSO Act
  • rape
  • assault
  • bail conditions

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                                CRIMINAL MISCELLANEOUS No.2528 of 2025
                          Arising Out of PS. Case No.-199 Year-2021 Thana- BELA District- Sitamarhi
                  ======================================================
            1.     Nandlal Sah S/O Shivcharan Sah Village- Laxmipur, Ward no -2 ,P.S.- Bela ,
                   District- Sitamarhi
            2.    Asha Devi @ Jirsa Devi @ Nirasa Devi W/O Nandlal Sah Village-
                  Laxmipur, Ward no -2 ,P.S.- Bela , District- Sitamarhi

                                                                                       ... ... Petitioners
                                                          Versus
            1.    The State Of Bihar
            2.    Mr. X

                                                          ... ... Opposite Parties
                  ======================================================
                  Appearance :
                  For the Petitioners       :        Mr. Devendra Kumar, Adv.
                  For the State             :        Mr. Nand Kishore Prasad, APP
                  For the O.P. No. 2        :        Mr. Parwej Khan, Adv.
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
                                        ORAL ORDER

10   25-02-2026                   Heard learned counsel for the petitioners, learned

                    A.P.P. for the State and learned counsel for the opposite party

                    no. 2/informant.

                                  2. The petitioners are apprehending their arrest in

                    connection with Bela P.S. Case No. 199 of 2021 registered for

                    the offences punishable under Sections 341, 323, 376, 504/34 of

                    the IPC and Section 4 of the POCSO Act.

                                  3. As per prosecution case, informant's wife used to

                    serve as a maid servant in the house of petitioner no. 1/Nandlal

                    Sah. It is further alleged that when informant's wife fell ill,

                    informant's daughter was doing the said work in the house of
Patna High Court CR. MISC. No.2528 of 2025(10) dt.25-02-2026
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          petitioner no. 1. It is further alleged that co-accused Ramkrishna

          Sah committed rape on the informant's daughter but she did not

          tell the said incident to the informant due to shame. It is further

          alleged that on the pretext of marriage, co-accused Ramkrishna

          Sah used to establish physical relation with the informant's

          daughter due to which she became pregnant and when informant

          as well as his wife went to the house of petitioner no. 1 to

          complain the said matter, petitioners and others abused the

          informant, his wife and his daughter and suggested for abortion.

          It is further alleged that all the accused persons, including the

          petitioners, concertedly assaulted the informant and his wife by

          means of leg, fist and lathi and also threatened them to keep

          mum, otherwise they would be sent to jail.

                       4. Learned counsel for the petitioners submits that

          petitioners are innocent and have committed no offence as

          alleged in the FIR. He further submits that there is no specific

          allegation against the petitioners rather the allegations are

          general and omnibus in nature. Specific allegation of

          committing rape is against co-accused Ramkrishna Sah, who

          happens to be the son of the petitioners. Basically, petitioners

          have no role in the alleged occurrence and being parents of the

          co-accused Ramkrishna Sah, they have been falsely implicated
Patna High Court CR. MISC. No.2528 of 2025(10) dt.25-02-2026
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          in this case. Prudently and pragmatically, petitioners being

          father and mother of co-accused Ramkrishna Sah have no say in

          the allegation as alleged in the initial version of prosecution

          story and the case has been lingered just because of conduct of

          the victim as she was not ready for DNA test. He further

          submits that from perusal of the FIR, it appears that no offence

          under Section 376 of the IPC and Section 4 of the POCSO Act,

          as alleged, is made out against the petitioners but petitioners

          have been made accused just to pressurize them as they are

          parents of co-accused Ramkrishna Sah. Learned counsel orally

          submits that petitioners will not abscond rather will cooperate in

          the investigation to prove their innocence. He further submits

          that the petitioners have been made victim though they have no

          role so far as the allegations under Section 4 of POCSO Act and

          376 of the IPC are concerned and others allegations are

          ornamental in nature just to harass the petitioners. Apart from

          that, petitioners have no criminal antecedent. In the light of

          aforesaid facts and circumstances of the case, no offence as

          alleged in the FIR is made out against the petitioners.

                       5. The learned A.P.P. for the State and learned counsel

          for the opposite party no. 2/informant vehemently opposed the

          prayer for anticipatory bail of the petitioners and submitted that
Patna High Court CR. MISC. No.2528 of 2025(10) dt.25-02-2026
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          petitioners are FIR named accused and they cannot negate the

          allegation levelled in the FIR. They further submitted that initial

          version of prosecution story has been supported by the

          informant in his re-statement as well as by statement of other

          witnesses recorded at para 6 and 7 of the case diary. Hence, the

          petitioners do not deserve anticipatory bail.

                        6. Considering the facts and circumstances of the

          case, keeping in view clean antecedent of petitioners, there is no

          allegation of commission of rape against any of the petitioners

          rather there is general and omnibus allegation of abuse and

          assault against them, even in the statement of victim recorded

          under Section 164 of the Cr.P.C. there is no specific allegation

          against the petitioners so far Section 376 of the IPC and Section

          4 of the POCSO Act are concerned, argument advanced on

          behalf of both sides and also taking into consideration the

          material available on record, the petitioners above-named, in the

          event of their arrest or surrender before the learned trial court

          within a period of six weeks from today, be released on

          anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees

          ten thousand) each with two sureties of the like amount each to

          the satisfaction of learned Additional Sessions Judge-VI-cum-

          Special Judge (POCSO Act), Sitamarhi in connection with Bela
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                      P.S. Case No. 199 of 2021, subject to the conditions as laid

                      down under Section 438(2) of the Cr.P.C.

                                   7. The application stands allowed.

                                   8. However, it is made clear that if the investigating

                      Officer of the case files an application before the learned trial

                      court bringing to its notice that petitioners despite giving

                      assurance to this Court are not co-operating in the investigation,

                      in that event, the learned trial court shall be at liberty to cancel

                      the bail bonds of the petitioners.

                                   9. It is clarified that any observation made by this

                      court while considering the bail application of the petitioners

                      shall have no bearing over the merits of the case.


                                              (Alok Kumar Pandey, J)

shahzad/-

U      T


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