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Patna High Court

Indra DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners.

Summary

The petitioners, Indra Devi and Ranju Devi, were accused of assaulting the minor daughter of an informant under Sections 341, 323, 324, 504, 506 and 34 of the IPC and Sections 8 and 12 of the POCSO Act. They applied for anticipatory bail, claiming innocence and alleging that the charges were vague, general and motivated by a land dispute. The State opposed the bail. The Court observed that the allegations were omnibus, the injuries were simple, and no specific overt act was detailed. Consequently, the Court granted anticipatory bail, directing the petitioners to furnish a bail bond of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the B.N.S.S.

Issues considered

  • Whether anticipatory bail should be granted when the charge sheet contains general and omnibus allegations.
  • Whether the alleged offences under the IPC and POCSO Act justify denial of bail.
  • Whether the conditions imposed under Section 482(2) of the B.N.S.S. are appropriate for the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • minor
  • IPC
  • POCSO
  • land dispute
  • general allegations
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.55207 of 2025
                   Arising Out of PS. Case No.-235 Year-2024 Thana- SAMASTIPUR MUFFASIL District-
                                                        Samastipur
                 ======================================================
           1.     Indra Devi W/o Lalbabu Pandey R/o Village - Bhusari, P.S- Samastipur
                  Mufassil, District - Samstipur (Bihar)
           2.    Ranju Devi @ Khushboo Devi @ Khushboo W/o Santosh Pandey R/o
                 Village - Bhusari, P.S- Samastipur Mufassil, District - Samstipur (Bihar)

                                                                                ... ... Petitioner/s
                                                      Versus

           1.    The State of Bihar
           2.    Ajay Pandey S/o Late Kapileshwar Pandey @ Late Kaleshwar Pandey @
                 Late Faleshewar Pandey R/o Village - Bhusari, P.S- Samastipur Mufassil,
                 District - Samastipur (Bihar)

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :       Mr. Madhav Kumar, Advocate
                                                 Mr. Piyush Kumar Pandey, Advocate
                 For the State           :       Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   27-01-2026                    Heard Mr. Madhav Kumar, learned counsel appearing

                   on behalf of the petitioners and Mr. Umeshanand Pandit, learned

                   APP appearing on behalf of the State.

                                  2. Despite valid service of notice, nobody appears on

                   behalf of the informant/Opposite Party No. 2.

                                  3. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 341, 323,

                   324, 504, 506 and 34 of the Indian Penal Code and Sections 8

                   and 12 of the POCSO Act.

                                  4. As per prosecution case, it is alleged that these
Patna High Court CR. MISC. No.55207 of 2025(4) dt.27-01-2026
                                            2/3




          petitioners assaulted minor daughter of informant.

                       5. It is submitted by learned counsel appearing on

          behalf of the petitioners that petitioners are quite innocent and

          have committed no offence. Allegation of assault is general and

          omnibus and no specific accusation of overt act has been alleged

          against these petitioners. Doctor has found the injuries,

          allegedly caused by these petitioners, simple in nature. As a

          matter of fact, petitioners have falsely been implicated in this

          case due to land dispute. Petitioners are ladies.

                       6. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       7. Considering the facts and circumstances of the

          case, general and omnibus nature of accusation and nature of

          injuries sustained by the injured, the prayer for grant of

          anticipatory bail to the petitioners is allowed.

                       8. Accordingly, in the event of arrest/surrender within

          a period of eight weeks from today, let the above named

          petitioners be enlarged on bail on furnishing bail-bond of Rs.

          10,000/- (ten thousand) each with two sureties of the like

          amount each to the satisfaction of learned Additional Sessions

          Judge-VI-cum-Special             Court      (POCSO),   Samastipur   in
             Patna High Court CR. MISC. No.55207 of 2025(4) dt.27-01-2026
                                                         3/3




                       connection with Samastipur Muffasil P.S. Case No. 235 of 2024,

                       subject to condition as laid down under Section 482(2) of the

                       B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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