Created by Fuzzy Cloud

Patna High Court

Mithleshiya Devi @ Mithlesh DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted anticipatory bail to the petitioner subject to bond and surety conditions.

Summary

Mithleshiya Devi, an aunt, applied for anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Narcotic Substances Act, 2023 and the POCSO Act, 2012. The FIR alleged that her nephew Abhishek posted obscene videos of his daughter, threatened her, and that she had supplied a knife used in an assault on a cousin, Raushan. The petitioner contended she has a clean record, is a woman, and was falsely implicated to coerce Abhishek. The State opposed the bail. The court, considering her gender, clean antecedent, and the nature of the allegations, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances of the FIR
  • Whether the petitioner’s alleged involvement warrants detention pending trial

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • women's rights
  • clean antecedent
  • POCSO Act
  • BNSS
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.40545 of 2026
                     Arising Out of PS. Case No.-217 Year-2026 Thana- SITAMARHI District- Sitamarhi
                 ======================================================
                 Mithleshiya Devi @ Mithlesh Devi S/o Rajdev Singh R/o Village - Bhasar
                 Tole, Koriyahi Tola, P.S.- Sitamarhi, District- Sitamarhi

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Mr. X S/o Ramsevak Mahto R/o Vill and P.O.- Bhasar Machhaha, Dakshini
                 got Ward No. 04, P.S. and Distt- Sitamarhi, Pin Code- 843314

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Virendra Kumar
                 For the Opposite Party/s :        Mr. Pramod Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   02-07-2026                  1. Heard learned counsel for the petitioner and

                   learned A.P.P. for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 118(1), 109, 74, 351(2), 352 and 3(5) of the BNS, 2023

                   and Sections 7 and 8 of POCSO Act, 2012.

                                3. Learned counsel for the petitioner submits that

                   petitioner is a person with clean antecedent and is a woman and

                   the informant alleges that Abhishek used to post obscene videos

                   of his daughter on Facebook and Instagram and used to threaten

                   her, further on 05.01.2026 at 9:30 AM, his cousin brother

                   Raushan was assaulted for which a panchayati was held on
Patna High Court CR. MISC. No.40545 of 2026(2) dt.02-07-2026
                                            2/3




          19.02.2026, next alleges that on 22.03.2026, his daughter along

          with her mother and aunt had gone to the market where

          Abhishek acted inappropriately with the victim, but they came

          back home and disclosed about the occurrence, thereafter

          accused persons came to his house and petitioner gave knife to

          Abhishek who assaulted Raushan causing injury on his lip and

          back while Raj Paltan assaulted Aniket by lathi causing injury

          on head, on alarm, villagers gathered and police was informed

          and injured was taken to the hospital.

                       4. The learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant, it is next submitted that from perusal of allegations

          as alleged in the FIR, it would manifest that specific allegation

          of assaulting Raushan by knife is against Abhishek. It is also

          submitted that petitioner being aunt (Bua) came to be implicated

          in the instant case with an allegation that he gave the knife to

          Abhishek for committing the occurrence. It is submitted that

          petitioner has been implicated in the case with a view to coerce

          Abhishek into submission since petitioner is own sister of

          Abhishek’s father.

                       5. Learned       A.P.P.    for     the   State   opposes   the

          anticipatory bail application of the petitioner.
               Patna High Court CR. MISC. No.40545 of 2026(2) dt.02-07-2026
                                                           3/3




                                      6. Considering the submissions made by the learned

                         counsel for the petitioner and taking into consideration the fact

                         that petitioner is a woman and is a person with clean antecedent,

                         the petitioner above-named, in the event of his arrest or

                         surrender 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 Sitamarhi P.S.

                         Case No. 217 of 2026 subject to the conditions as laid down

                         under Section 482 (2) of BNSS.

                                      7. The application stands allowed.



                                                   (Satyavrat Verma, J)
rajesh/-

U          T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.