Patna High Court
Pushpa deviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The Court granted bail to the petitioner, subject to bond and attendance conditions.
Summary
Pushpa Devi, the mother of a minor girl who alleged sexual assault by her father, was charged under several sections of the Bharatiya Nyaya Sanhita, 2023 and the POCSO Act. She applied for bail, contending that she had no criminal antecedent and that the sole allegation against her was a failure to believe or rescue her daughter, not participation in the assault. The State opposed bail, arguing she was an accused co‑offender. The Court examined the chargesheet, noted the absence of any material linking her to the substantive offence, and considered her prolonged pre‑trial detention since 25 July 2025. Accordingly, the Court granted bail on a Rs 10,000 bond with two sureties, subject to her personal appearance in court on every date until charge‑framing, and warned of cancellation upon two consecutive unexplained absences.
Issues considered
- What is the appropriateness of granting bail to the mother accused of non‑cooperation in a sexual assault case under the Bharatiya Nyaya Sanhita and POCSO Act?
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 126, 3(5), 351(1), 352, 64
- Protection of Children from Sexual Offences (POCSO) Act — s. 6, 8
Subjects
- bail
- sexual assault
- POCSO
- mother
- criminal procedure
- Bharatiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.67946 of 2025
Arising Out of PS. Case No.-36 Year-2024 Thana- HARPUR District- East Champaran
======================================================
Pushpa devi wife of Rajesh Prasad Gupta Resident of Village - Nayak Tola,
P.S. - Harpur, Dist. - East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jyoti Govind D/o Rajesh Prasad Gupta R/o Vill. - Nayak Tola, P.S. - Harpur,
Dist. - East Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Abhishek Kumar, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, APP
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
4 10-02-2026 In compliance of the order dated 04.02.2026, as the
Sr. Superintendent of Police, East Champaran at Motihari is on
leave, the Deputy Superintendent of Police Headquarter, East
Champaran at Motihari along with the Investigating Officer of
this case has appeared through video conferencing.
2. Heard learned counsel for the petitioner and learned
APP for the State as well as the officers appeared through the
virtual mode.
3. The petitioner seeks bail in a case registered for the
offence punishable under Sections 126, 64, 352, 351(1) and 3(5)
of the Bharatiya Nyaya Sanhita, 2023 and Sections 6 and 8 of
the POCSO Act.
Patna High Court CR. MISC. No.67946 of 2025(4) dt.10-02-2026
2/3
4. The present matter relates to the informant/
victim having complained of her father indulging in sexual
assault upon her and the present petitioner, being her mother,
also did not come up in her rescue by not believing the same.
5. It is submitted by learned counsel for the
petitioner that the petitioner happens to be the mother of the
informant/victim girl and it is totally unbelievable that a mother
would in any way be a party to the sexual or criminal activity
being committed with her daughter. The only allegation made in
the first information report is that when the victim disclosed her
entire trauma to the petitioner, she did not believe the same and
did not come in her rescue. The chargesheet in the case has
been submitted. The petitioner, who is a lady, has no criminal
antecedent and has been languishing in custody since
25.07.2025.
6. Learned APP for the State opposed the bail
petition on the ground that the petitioner is also accused in the
present case.
7. Taking into consideration the facts and
circumstances of the case and also considering the fact that the
petitioner is the mother of the informant/victim and there is no
material against her of even aiding of the offence and thrust of
Patna High Court CR. MISC. No.67946 of 2025(4) dt.10-02-2026
3/3
the allegation is upon the co-accused, Rajesh Prasad Gupta, who
is the father of the informant/victim and the petitioner is
languishing in custody since 25.07.2025 coupled with the fact
that the chargesheet has been submitted, the above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties
of the like amount each to the satisfaction of the learned Court
below where the case is pending/successor Court in connection
with Harpur P.S. Case No.36 of 2024, subject to the condition
that the petitioner shall remain physically present in court on
each and every date till the framing of charge and in the event of
failure on two consecutive dates without sufficient reasons, her
bail bonds shall be liable to be cancelled by the learned court
concerned.
(Soni Shrivastava, J)
Trivedi/-
U T
Checking your session…