Patna High Court
Mithleshiya Devi @ Mithlesh DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
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
- Bihar Criminal Procedure Code (BNSS) — s. 482(2)
- Bihar Narcotic Substances Act, 2023 — s. 109, 115(2), 118(1), 126(2), 3(5), 351(2), 352, 74
- Protection of Children from Sexual Offences (POCSO) Act, 2012 — s. 7, 8
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
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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
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