Patna High Court
Indu DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL REJECTED
- Bench
- PURNENDU SINGH
Holding
The Court refused to grant pre‑arrest bail, dismissing the bail application.
Summary
Indu Devi, the wife of Saheb Yadav, applied for pre‑arrest bail in a case registered under Sections 363 and 366(A)/34 of the Indian Penal Code and Sections 8 and 17 of the POCSO Act. The trial was at the stage of final arguments before the Special Judge (POCSO Act) in Siwan. The petitioner argued for bail, but the High Court examined the seriousness of the offences, including alleged theft, kidnapping and child sexual offences. The Court held that the nature of the charges warranted the continuation of custody and was not inclined to enlarge bail. Consequently, the bail application was dismissed and the petition disposed.
Issues considered
- Whether pre‑arrest bail should be granted in a case involving offences under IPC Sections 363, 366(A)/34 and POCSO Act Sections 8 and 17.
Legislation cited
- Indian Penal Code — s. 34, 363, 366A
- Protection of Children from Sexual Offences Act — s. 17, 8
Subjects
- pre‑arrest bail
- Indian Penal Code
- POCSO Act
- theft
- kidnapping
- child sexual offence
- bail denial
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60070 of 2025
Arising Out of PS. Case No.-133 Year-2022 Thana- BARHARIA District- Siwan
======================================================
Indu Devi, wife of Saheb Yadav Resident of Village- Siyari Karn, P.S.-
Barharia, Dist- Siwan
... ... Petitioner/s
Versus
1. The State of Bihar
2. Harendra Kumar Yadav S/o Late Triveni Yadav R/o Vill- Siyari Karn, P.S.-
Barharia, Distt- Siwan
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ajay Kumar Tiwary, Advocate.
For the State : Mr.Mithlesh Kumar Khare, APP.
For the Informant : Mr. Ashok Kumar, Advocate.
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
6 11-02-2026 Heard learned counsel appearing on behalf of the
petitioner; learned APP for the State and Mr. Ashok Kumar,
learned counsel for the informant.
2. The petitioner seeks pre-arrest bail in connection
with Barharia P.S. Case No. 133 of 2022 registered for the
offence punishable under Sections 363 and 366(A)/34 of the
Indian Penal Code and Sections 8/17 of the POCSO Act.
3. The trial has progressed which is at the stage of
final arguments as per the information contained in the report
dated 22.01.2026 of the learned District & Additional Sessions
Judge-VI cum Special Judge (POCSO Act), Siwan.
4. In view of the above, I am not inclined to enlarge
Patna High Court CR. MISC. No.60070 of 2025(6) dt.11-02-2026
2/2
the petitioner on pre-arrest bail.
5. The bail application stands disposed of.
(Purnendu Singh, J)
mantreshwar/-
U T
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