Created by Fuzzy Cloud

Patna High Court

Atma Devi @ Aatma DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners, subject to the conditions prescribed under Section 482(2) of the B.N.S.S.

Summary

The petitioners, Atma Devi, Ashok Sah and Neha Kumari, applied for anticipatory bail fearing arrest in connection with PS Bariyarpur Case No. 51 of 2025, which alleges offences under Sections 126(2), 115(2), 69, 3(5) of the B.N.S.S., 2023 and Sections 4 and 6 of the POCSO Act. The prosecution alleges that the petitioners were involved in a physical relationship with a minor girl resulting in pregnancy. The petitioners contend they are merely the mother, father and sister of a co‑accused, have no direct involvement, no criminal antecedent, and the dispute stems from a land issue. The State opposed the bail, but the Court, after considering the facts, was inclined to grant anticipatory bail. The Court ordered that, if arrested within four weeks, the petitioners be released on bail upon furnishing a Rs.10,000 bond with two sureties each, subject to the conditions of Section 482(2) of the B.N.S.S. The order is made on a prima facie basis and does not prejudice the merits of the trial.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the B.N.S.S., 2023 in view of the alleged offences under the B.N.S.S. and POCSO Act.

Legislation cited

Subjects

  • anticipatory bail
  • POCSO Act
  • Section 482
  • criminal procedure
  • minor sexual offence
  • land dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.80641 of 2025
                     Arising Out of PS. Case No.-51 Year-2025 Thana- BARIYARPUR District- Munger
                 ======================================================
           1.     Atma Devi @ Aatma Devi W/O Ashok Sah @ Ashok Kumar Sah @ Koko
                  Resident of Village- Karharia, Police Station- Bariyarpur, District - Munger
           2.    Ashok Sah @ Asok Kumar Sah @ Koko Son of Jageshwar Sah Resident of
                 Village- Karharia, Police Station- Bariyarpur, District - Munger
           3.    Neha Kumari D/o Ashok Sah @ Ashok Kumar @ Koko Resident of Village-
                 Karharia, Police Station- Bariyarpur, District - Munger

                                                                                 ... ... Petitioner/s
                                                      Versus
           1.    The State of Bihar
           2.    XYZ D/o Dukhan Mandal Resident of Village Karharia, Police Station
                 Bariyarpur, District Munger.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Raj Kumar Choudhary
                 For the Opposite Party/s :      Mr. Aditya Narayan Singh.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

5   05-05-2026                  Heard the learned counsel for the petitioners and

                   learned counsel for the State.

                                2. The petitioners apprehend their arrest in connection

                   with Bariyarpur P.S. Case No. 51 of 2025, registered for

                   offences punishable under Sections 126(2), 115(2), 69, 3(5) of

                   the B.N.S.S., 2023, section 4 and 6 of the POCSO Act.

                                3. As per prosecution case, the petitioners and other

                   co-accused person are accused of establishing physical

                   relationship with the minor girl making her pregnant.

                                4. Learned counsel for the petitioner submits that
Patna High Court CR. MISC. No.80641 of 2025(5) dt.05-05-2026
                                            2/3




          petitioners are quite innocent and have not committed any

          offence. The petitioners are mother, father and sister of co-

          accused, namely, Mithilesh Kumar. There is land dispute

          between both the parties. There is no direct involvement of the

          petitioners found in the alleged crime. Petitioners have no

          criminal antecedent.

                       5. Learned APP for the State has vehemently opposes

          the prayer for bail.

                       6. Considering the facts and circumstances of the case

          and submission of the parties, this Court is inclined to grant

          privilege of anticipatory bail to the petitioners.

                       7. Accordingly, let the petitioners, above-named, in

          the event of arrest or surrender within four weeks from today in

          the Court below, be released on anticipatory bail on furnishing

          bail bonds of Rs.10,000/- (Rupees ten thousand) each with two

          sureties of the like amount each to the satisfaction of learned

          Court concerned where the case is pending/Successor Court in

          connection with Bariyarpur P.S. Case No. 51 of 2025, subject to

          the conditions as laid down under Section 482(2) of the

          B.N.S.S.

                       8. It is made clear that any observation made herein is

          prima facie in nature and limited solely for the purpose of
            Patna High Court CR. MISC. No.80641 of 2025(5) dt.05-05-2026
                                                        3/3




                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.


                                                         (Sandeep Kumar, J)

Ranjeet/-

U      T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.