Patna High Court
Sita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted anticipatory bail to the petitioners, subject to bond, sureties and conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Summary
The petitioners – Sita Devi, Niraj Kumar, Chunu Kumar and Rahul Kumar – sought anticipatory bail fearing arrest in a case (PS Naubatpur Case No. 426 of 2025) that alleged offences under the Bhartiya Nyaya Sanhita, the SC/ST Act and the POCSO Act. The informant claimed that on 24 July 2025 co‑accused Bhawani Yadav and Mukul Yadav attempted to abduct his minor daughter; when the informant confronted them, petitioner 1 allegedly abused him with caste slurs and the other petitioners assaulted him. The petitioners contend they are innocent, merely relatives of co‑accused Mukul Yadav, and that the allegations against them are vague and omnibus. The State opposed the bail. After hearing both sides, the Court allowed the anticipatory bail, directing the petitioners to furnish a bail bond of Rs 10,000 with two sureties each, subject to conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the serious allegations under the Bhartiya Nyaya Sanhita, SC/ST Act and POCSO Act.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 115(2), 126(2), 127(2), 137(2), 3(5), 351(2), 352, 62, 75, 76, 78
- POCSO Act — s. 12, 8
- SC/ST Act — s. 3(1)r), 3(1)s), 3(1)w1), 3(1)w2), 3(2)va)
Subjects
- anticipatory bail
- criminal procedure
- SC/ST Act
- POCSO Act
- caste based abuse
- kidnapping allegation
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.72366 of 2025
Arising Out of PS. Case No.-426 Year-2025 Thana- NAUBATPUR District- Patna
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1. Sita Devi W/O Vijay Yadav @ Vijay Prasad Resident of Village- Regamia,
P.S.- Naubatpur, District- Patna
2. Niraj Kumar S/O Vijay Yadav @ Vijay Prasad Resident of Village- Regamia,
P.S.- Naubatpur, District- Patna
3. Chunu Kumar S/O Vijay Yadav @ Vijay Prasad Resident of Village-
Regamia, P.S.- Naubatpur, District- Patna
4. Rahul Kumar S/O Vijay Yadav @ Vijay Prasad Resident of Village-
Regamia, P.S.- Naubatpur, District- Patna
... ... Petitioner/s
Versus
1. The State of Bihar
2. Birendra Kumar S/O Late Bishwanath Ram R/O Vill.- Tishkhora, Geda Tar,
P.S.- Naubatpur, Dist.- Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Anant Kumar Pandey, Advocate
For the Opposite Party/s : Mr. Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 13-01-2026 Despite the valid service of notice no one appeared
on behalf of the O.P. No. 2.
2. Heard learned counsel for the petitioners and
the learned A.P.P. for the State.
3. The petitioners apprehend their arrest in a case
registered for the offence under Sections 126(2), 127(2),
115(2), 75, 76, 78, 137(2), 62, 352, 351(2), 3(5) of the
Bhartiya Nyaya Sanhita and Sections 3(1)r), (s),(w1), (w2),
3(2) (va) of the SC/ST Act and Sections 8 and 12 of the
Patna High Court CR. MISC. No.72366 of 2025(3) dt.13-01-2026
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POCSO Act.
4. It is alleged that on 24.07.2025, co-accused
persons namely Bhawani Yadav and Mukul Yadav with bad
intention, tried to take away the minor daughter of informant
and her friends on motorcycle. When the informant went to
confront the same at their house, then petitioner no. 1 abused
by taking caste name and other petitioners started assaulting
and abusing him.
5. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence as
alleged by the informant. Specific allegation is against co-
accused Bhawani Yadav and Mukul Yadav. Petitioners are
only alleged to have abused the informant. Petitioner no. 1 is
mother of co-accused Mukul Yadav and petitioner nos. 2, 3
and 4 are brothers of co-accused Mukul Yadav. There is
general and omnibus allegation against the petitioners.
6. Learned A.P.P. for the State opposed the bail
petition of the petitioners.
7. Considering the facts and circumstance of the case,
the prayer for anticipatory bail of petitioners is allowed. Let the
above named petitioners, in the event of their arrest/surrender
within a period of eight weeks from today, be enlarged on bail
Patna High Court CR. MISC. No.72366 of 2025(3) dt.13-01-2026
3/3
on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the satisfaction of
learned Additional District and Sessions Judge VII-cum-Special
Exclusive Judge, POCSO Act, Patna in connection with
Naubatpur P.S. Case No. 426 of 2025, subject to condition as
laid down under Section 482 of the Bhartiya Nagrik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
khushbu/-
U T
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