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Patna High Court

Chandeo Das @ Chandradeo MochiversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The petitioners are entitled to anticipatory bail subject to the conditions imposed under Section 482(2) of the Bharatiya Nyaya Sanhita.

Summary

The petitioners, who are family members of the main accused Kishori Kumar Das, sought anticipatory bail fearing arrest in Pali Police Station Case No. 66 of 2024, which involves offences under Sections 191(2), 137(2), 96 and 352 of the Bharatiya Nyaya Sanhita, 2023 and Sections 8 and 12 of the POCSO Act. The prosecution alleged that the victim girl eloped with Kishori Kumar Das, while the petitioners claimed they had done nothing unlawful and highlighted that the victim herself had stated she eloped voluntarily. The counsel for the petitioners also pointed out that Kishori Kumar Das had already been granted regular bail in a related matter. The State opposed the bail application. The Court, after considering the facts, allowed the anticipatory bail, directing the petitioners to furnish bail bonds of Rs.10,000 each with sureties, subject to conditions under Section 482(2) of the BNSS. The certified copy of the victim’s statement was taken on record.

Issues considered

  • Whether the petitioners are entitled to anticipatory bail in connection with the offences alleged under the BNSS and POCSO Act.
  • Whether the victim’s statement of voluntary elopement negates the necessity of bail for the petitioners.
  • Whether the grant of regular bail to the main accused influences the grant of anticipatory bail to the petitioners.

Legislation cited

Subjects

  • anticipatory bail
  • Bharatiya Nyaya Sanhita
  • POCSO Act
  • Section 482
  • bail conditions
  • elopement
  • family members

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.47335 of 2025
                         Arising Out of PS. Case No.-66 Year-2024 Thana- PALI District- Jehanabad
                 ======================================================
           1.     Chandeo Das @ Chandradeo Mochi S/o Late Faken Das @ Faken Mochi @
                  Late Fekan Das R/o Village- Parshain, PS- Pali, District- Jehanabad
           2.    Raj Kumar Das S/o Chandeo Das @ Chandradeo Mochi @ Chandradeo Das
                 R/o Village- Parshain, PS- Pali, District- Jehanabad
           3.    Rajkishor Das S/o Chandeo Das @ Chandradeo Mochi @ Chandradeo Das
                 R/o Village- Parshain, PS- Pali, District- Jehanabad
           4.    Jyoti Kumari W/o Raj Kumar Das R/o Village- Parshain, PS- Pali, District-
                 Jehanabad
           5.    Sharifa Devi @ Sarita Kumari W/o Rajkishor Das R/o Village- Parshain, PS-
                 Pali, District- Jehanabad
           6.    Pratima Devi W/o Chandeo Das @ Chandradeo Mochi R/o Village-
                 Parshain, PS- Pali, District- Jehanabad

                                                                                     ... ... Petitioner/s
                                                         Versus
           1.    The State of Bihar Bihar
           2.    XYZ S/o ABC R/o Village- Parshain, PS- Pali, District- Jehanabad

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Parwej Khan
                 For the Opposite Party/s :        Mr .Pranav Kumar
                 For theO.P. No. 2        :        None
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   20-02-2026                  Seen the office notes.

                                2. Jointness Affidavit has been filed by the learned

                   counsel for the petitioners. Service of notice is accepted as

                   valid.

                                3. Heard the learned counsel for the petitioners and

                   learned counsel for the State. No one appears on behalf of the

                   O.P. No. 2.
Patna High Court CR. MISC. No.47335 of 2025(5) dt.20-02-2026
                                            2/3




                       4. The petitioners apprehend arrest in connection with

          Pali P.S. Case No. 66 of 2024 registered for offences under

          Sections 191(2), 137(2), 96 & 352 of the Bharatiya Nyaya

          Sanhita, 2023 and Sections 8 and 12 of the POCSO Act.

                       5. As per the prosecution case, the petitioners are the

          family members of the main accused Kishori Kumar Das, with

          whom the victim girl has eloped.

                       6. Learned counsel for the petitioners submits that the

          petitioners are quite innocent and have not committed any

          offence. He further submits that the girl has said in her

          statement before the Magistrate that she had eloped with Kishori

          Kumar Das. He also submits that Kishori Kumar Das has

          already been granted regular bail by this Court on 30.07.2023 in

          Cr. Misc. No. 45316 of 2023.

                       7. Learned APP for the State has vehemently opposed

          the prayer for bail.

                       8. Considering the above facts and circumstances of

          the case, this application for anticipatory bail is allowed.

                       9. Accordingly, let the petitioners, above-named, in

          the event of their arrest or surrender within four weeks from

          today in the Court below, be released on bail on furnishing bail

          bonds of Rs.10,000/- (Rupees ten thousand) each with two
            Patna High Court CR. MISC. No.47335 of 2025(5) dt.20-02-2026
                                                        3/3




                      sureties of the like amount each to the satisfaction of learned

                      concerned Court below, Jehanabad in connection with Pali P.S.

                      Case No. 66 of 2024 subject to the conditions as laid down

                      under Section 482(2) of the BNSS.

                                   10. The certified copy of the statement is taken on

                      record.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


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