Patna High Court
Antima kumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to bail bond and surety conditions under Section 482(2) of the BNSS.
Summary
Antima Kumari, a minor and sister of the main accused, applied for anticipatory bail fearing arrest in a kidnapping case (Pakridayal P.S. Case No. 376 of 2025) involving offences under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the POCSO Act. The prosecution alleged her participation in the kidnapping of a girl, while her counsel asserted her innocence. The State and the informant opposed the bail. The Court, after considering the submissions and the circumstances, allowed the anticipatory bail, directing the petitioner to furnish a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNSS. The order ensures her release if arrested within four weeks, pending trial.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under the facts of the case
- Whether the allegations under the Bharatiya Nyaya Sanhita and the POCSO Act justify denial of anticipatory bail
- Whether the conditions prescribed under Section 482(2) of the BNSS are applicable
Legislation cited
- Bharatiya Nyaya Sanhita — s. 3(5), 482(2), 96
- Protection of Children from Sexual Offences Act — s. 12, 8
Subjects
- anticipatory bail
- kidnapping
- minor
- BNSS
- POCSO Act
- Section 482
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3009 of 2026
Arising Out of PS. Case No.-376 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
Antima kumari Through her father, D/o of Mahavir sah Resident of Villlage -
Dhanauji, P.S. - Pakridayal, Dist. - East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar Bihar
2. XX Son of Baiju Prasad Sah Resident of Villlage - Dhanauji, P.S. -
Pakridayal, Dist. - East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar
For the Opposite Party/s : Mr.Narendra Kumar Singh
For the Informant : Mr. Shahid Jawed, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 24-02-2026 Heard the learned counsel for the petitioner, the
learned APP for the State, and the learned counsel for the
informant.
2. The petitioner apprehends arrest in connection with
Pakridayal P.S. Case No. 376 of 2025 registered for offences
under Sections 96 and 3(5) of the Bharatiya Nyaya Sanhita,
2023 and Section 8 and 12 of the POCSO Act.
3. As per the prosecution case, the petitioner and
others are accused of kidnapping the victim girl.
4. Learned counsel for the petitioner submits that
petitioner is quite innocent and has not committed any offence.
He further submits that the petitioner is the sister of the main
Patna High Court CR. MISC. No.3009 of 2026(2) dt.24-02-2026
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accused Sachin Kumar and she herself is a minor.
5. Learned APP for the State and the learned counsel
for the Informant have vehemently opposed the prayer for bail.
6. Considering the aforesaid facts and circumstances
of the case and the submission of the parties, this application for
anticipatory bail stands allowed.
7. Accordingly, let the petitioner, above-named, in the
event of arrest or surrender within four weeks from today in the
Court below, 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 learned Court below
where the case is pending/successor Court in connection with
Pakridayal P.S. Case No. 376 of 2025 subject to the conditions
as laid down under Section 482(2) of the BNSS.
(Sandeep Kumar, J)
Shishir/-
U T
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