Patna High Court
Nandlal SahversusThe State Of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ALOK KUMAR PANDEY
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
- Code of Criminal Procedure, 1973 — s. 164, 438(2)
- Indian Penal Code — s. 323, 34, 341, 376, 504
- Protection of Children from Sexual Offences Act — s. 4
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
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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
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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
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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
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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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