Patna High Court
Indra DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- B.N.S.S. — s. 482(2)
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 323, 324, 34, 341, 504, 506
- Protection of Children from Sexual Offences Act — s. 12, 8
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
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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
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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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