Patna High Court
Baidya Nath Mishra @ Bukku MishraversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted because the informant withdrew the complaint, leaving no prima facie case against the petitioners.
Summary
The petitioners, Ashutosh Kumar and Sarita Sangam, sought anticipatory bail after an FIR alleged that they had abducted and assaulted a 10‑year‑old boy from the informant’s family and committed various offences under the Bharatiya Nyaya Sanhita and the POCSO Act. The petitioners contended that the boy was taken to Hyderabad at the informant’s request, was treated like a family member, and that the informant later withdrew his complaint, filing an affidavit to that effect. The opposite party did not dispute the informant’s withdrawal. The court examined whether the withdrawal negated the prima facie case and whether anticipatory bail could be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. Finding no substantive evidence and noting the informant’s lack of interest in prosecution, the court allowed the anticipatory bail with conditions. The order directed the petitioners to appear before the lower court within eight weeks and to furnish bail bonds and sureties.
Issues considered
- Whether anticipatory bail can be granted when the complainant has withdrawn the complaint and filed an affidavit indicating no desire to pursue the case.
- Whether the allegations under the Bharatiya Nyaya Sanhita and POCSO Act constitute a prima facie case justifying denial of bail.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita empowers the court to grant anticipatory bail in the present circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 115(2), 118(1), 118(2), 126(2), 3(5), 351(2), 352
- Protection of Children from Sexual Offences Act — s. 8
Subjects
- anticipatory bail
- withdrawal of complaint
- child protection
- sexual offences
- criminal procedure
- Section 482
- POCSO
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.78182 of 2025
Arising Out of PS. Case No.-69 Year-2025 Thana- CHORAUT District- Sitamarhi
======================================================
1. Ashutosh Kumar @ Ashutosh Chaudhary S/o Shyam Sunder Chaudhari R/o
510, Tower 5, NCC Urban One Manchirevula, Narsingi, PS- Narsingi, Distt-
K.V, Rangareddy, Telangana
2. Sarita Sangam @ Anshu Kumari W/o Ashutosh Kumar @ Ashutosh
Chaudhary R/O vill-Bari Behata Ward no.-6, P.S. - Choraut, Dist.-
Sitamarhi. R/o 510, Tower 5, NCC Urban One, Manchirevula, Narisingi,
P.S.- Narsingi, Distt.- K.V. Rangareddy, Telangana
... ... Petitioner/s
Versus
1. The State of Bihar
2. Baijnath Mukhiya S/o Late Ramjatan Mukhiya R/o vill - Choraut Uttari,
ward no. 2, P.S.- Choraut, Distt.- Sitamarhi
... ... Opposite Party/s
======================================================
with
CRIMINAL MISCELLANEOUS No. 66954 of 2025
Arising Out of PS. Case No.-69 Year-2025 Thana- CHORAUT District- Sitamarhi
======================================================
Baidya Nath Mishra @ Bukku Mishra S/o Late Saryu Nandan Mishra R/o
Village - Choraut Uttari, Ward No.- 02, P.S - Choraut, District - Sitamarhi
... ... Petitioner/s
Versus
1. The State of Bihar
2. Baijnath Mukhiya S/o Late Ramjatan Mukhiya R/o Village - Choraut Uttari,
Ward No.- 02, P.S - Choraut, District - Sitamarhi
... ... Opposite Party/s
======================================================
Appearance :
(In CRIMINAL MISCELLANEOUS No. 78182 of 2025)
For the Petitioner/s : Mr. Ritesh Kumar, Advocate
For the Opposite Party/s : Ms. Rina Sinha, A.P.P.
For the O.P. No. 2 : Mr. Dinesh Jha, Advocate
(In CRIMINAL MISCELLANEOUS No. 66954 of 2025)
For the Petitioner/s : Mr. Ritesh Kumar, Advocate
For the Opposite Party/s : Ms. Pushpa Sinha, A.P.P.
For the O.P. No. 2 : Mr. Dinesh Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
6 31-03-2026 Both the aforementioned cases are being disposed of
Patna High Court CR. MISC. No.78182 of 2025(6) dt.31-03-2026
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by a common order.
2. Heard learned counsel for the petitioners, opposite
party no. 2 and the State.
3. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 118(1),
118(2), 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita and
Section 8 of the Protection of Children from Sexual Offences
Act.
4. As per F.I.R., on 04.04.2025, these petitioners came
at the residence of informant and took away his 10 year old son
to their village, where they assaulted and threatened him and
took him to Hyderabad. After one month, on repeated requests
by the informant, petitioner, namely, Baidya Nath Mishra
returned his son to the informant. Informant alleges that these
petitioners committed cruelty upon him. They burnt his private
part and used to keep his hands and legs tied and gave him toilet
water to drink.
5. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence. As per
F.I.R., though informant came to know about the incidents from
his son on 05.05.2025 but written report for the same was
lodged on 11.05.2025 i.e., after inordinate delay of six days
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without any plausible explanation. As a matter of fact,
petitioners, namely, Ashutosh Kumar and Sarita Sangam live in
Hyderabad with their two children and when they went to the
ancestral village of Sarita Sangam, informant and his wife,
being very poor, requested them to take their son with them to
Hyderabad so that he can get a good life and upon their request,
petitioners, namely, Ashutosh Kumar and Sarita Sangam took
their son with them to Hyderabad and used to treat him like their
own child. They even took him to Malikarjuna Swamy Temple
with them for darshan on 16.03.2025, which is evident from the
ticket issued by the temple (Annexure-P/2). It is further
submitted that in fact, son of the informant used to sexually
abuse/assault their four year old daughter and when Sarita
Sangam came to know about the same, she slapped the son of
informant and isolated him in a room and told about the incident
to the informant. Ultimately, the son of informant was sent back
from Hyderabad with petitioner, namely, Baidya Nath Mishra.
Thereafter, petitioner, namely, Ashutosh Kumar filed a petition
before the Narsingi Police Station, Cyberabad, Telangana on
08.05.2025 against the son of informant and immediately
thereafter, informant filed a petition before the Court of learned
District & Additional Sessions Judge-VI-cum-Special Judge,
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POCSO, Sitamarhi on 06.06.2025 to the effect that Gotiya of
petitioner, namely, Baidya Nath Mishra had taken his signature
on a typed petition and on the basis of the same present case has
been instituted, but now, after coming to know about the real
fact, informant is not interested in pursuing the case any furhter,
an affidavit was also filed along with the petition on 06.06.2025
in this regard (Annexure-P/4). Petitioners claim clean
antecedent.
6. Learned counsel for the opposite party no. 2 does
not dispute the contention made on behalf of the petitioners
regarding the fact that informant does not want to pursue the
case any further.
7. Considering the aforesaid facts and circumstances
of the case, this anticipatory bail is allowed and it is ordered that
let the above named petitioners in the event of their
arrest/surrender before the court below within a period of eight
weeks from today, 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 District & Additional
Sessions Judge-VI-cum-Special Judge, POCSO, Sitamarhi in
connection with PTN 1554/2025 arising out of Choraut P. S.
Case No. 69 of 2025, subject to condition as laid down under
Patna High Court CR. MISC. No.78182 of 2025(6) dt.31-03-2026
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Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita,
2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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