Patna High Court
Atma Devi @ Aatma DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- B.N.S.S., 2023 — s. 115(2), 126(2), 3(5), 482(2), 69
- Protection of Children from Sexual Offences Act — s. 4, 6
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
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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
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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
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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
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