Patna High Court
Sanjo DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- JITENDRA KUMAR
Holding
The court granted bail, directing that the petitioners be enlarged on bail subject to specified conditions.
Summary
The petitioners, who are family members of co‑accused Shyam Sundar Kumar, were implicated in a 2021 case (Udakishunganj P.S. Case No. 345) for offences under several IPC sections and Section 8 of the POCSO Act. They claim innocence, stating that the police’s final report cleared them, but a Judicial Magistrate proceeded against them. The petitioners had not previously applied for anticipatory or regular bail and assert they have no criminal antecedents. The State opposed the bail application. The Patna High Court, after considering the facts, allowed the petition and ordered that the petitioners be enlarged on bail upon arrest or surrender, subject to a Rs 10,000 bond, two sureties, and conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether the petitioners are entitled to bail in the pending criminal proceedings under the IPC and POCSO Act.
Legislation cited
- B.N.S.S., 2023 — s. 482(2)
- Indian Penal Code — s. 323, 34, 341, 354(b), 379, 504, 506
- Protection of Children from Sexual Offences Act, 2012 — s. 8
Subjects
- bail
- anticipatory bail
- Indian Penal Code
- POCSO Act
- Section 34
- Section 482
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76869 of 2025
Arising Out of PS. Case No.-345 Year-2021 Thana- UDAKISHUNGANJ District-
Madhepura
======================================================
1. Sanjo Devi W/O Manoj Yadav R/O Village- Laxmipur, P.S- Udakishunganj,
Distt.- Madhepura.
2. Shyamal Kumar S/O Manoj Yadav R/O Village- Laxmipur, P.S-
Udakishunganj, Distt.- Madhepura.
3. Sumit Kumar @ Sumit Kumar Suman S/O Suresh Yadav R/O Village-
Laxmipur, P.S- Udakishunganj, Distt.- Madhepura.
4. Saheb Kumar S/O Manoj Yadav R/O Village- Laxmipur, P.S-
Udakishunganj, Distt.- Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Savitri Devi W/O Guddu Mahto R/O Village- Rahta, Ward No. 12, P.S-
Udakishunganj, Distt.- Madhepura.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Budhilal Yadav, Advocate
For the State : Mr. Abhay Kumar Roy, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
4 24-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The present petition has been filed on behalf of the
petitioners, apprehending their arrest, in connection with
Udakishunganj P.S. Case No. 345 of 2021 dated 28.11.2021,
registered for the offences punishable under Sections 354(B),
341, 323, 379, 504 and 506 read with Section 34 of the Indian
Penal Code and Section 8 of the POCSO Act.
3. As per allegation, the co-accused/Shyam Sundar
Kumar outraged the modesty of daughter of the informant and
Patna High Court CR. MISC. No.76869 of 2025(4) dt.24-02-2026
2/3
when the informant went to the house of co-accused, he was
abused and assaulted by the petitioners, who happened to be the
parents and other family members of co-accused/Shyam Sundar
Kumar.
4. Learned counsel for the petitioners submits that the
Petitioners are innocent and have falsely been implicated in this
case. He further submits that after investigation, the final form
was submitted by the police against the petitioner finding the
prosecution case untrue against them. However, learned Judicial
Magistrate has taken cognizance disagreeing with the police
against the petitioners. He further submits that the main
accused, Shyam Sundar Kumar has been already enlarged on
regular bail.
5. It is also stated in paragraph no. 2 of the bail
petition that the petitioners have not moved this Court earlier
either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the
petition that the petitioners have no criminal antecedents.
7. Learned APP for the State vehemently opposes the
prayer of the Petitioners for bail.
8. Considering the aforesaid facts and circumstances,
this petition is allowed, directing the petitioners above-named,
Patna High Court CR. MISC. No.76869 of 2025(4) dt.24-02-2026
3/3
to be enlarged on bail, in the event of their arrest or surrender
before the court below within a period of eight weeks from the
date of receipt / production of a copy of this order, on their
furnishing bail bonds in the sum of Rs. 10,000 /- (Ten
Thousand) each with two sureties of the like amount each to the
satisfaction of learned Concerned Court below, in connection
with Udakishunganj P.S. Case No. 345 of 2021, subject to the
conditions as laid down under Section 482 (2) B.N.S.S., 2023
and on the following conditions:
(i) In case, it is brought to the notice of the court
below that the petitioners have any criminal antecedents,
learned court below shall cancel the bail bonds of the petitioners
after hearing them and getting satisfied that the petitioners have
concealed their criminal antecedents despite their knowledge of
the same.
(ii) In case, it is brought to the notice of the court
below that statement regarding previous bail petition is wrong,
learned court below shall cancel the bail bonds of the
petitioners.
(Jitendra Kumar, J)
shoaib/-
U T
Checking your session…