Patna High Court
Urmila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PURNENDU SINGH
Holding
The Court granted pre‑arrest bail to the petitioners subject to bond and verification conditions.
Summary
The petitioners, Urmila Devi and her son Abhishek Kumar, sought pre‑arrest bail in a case registered under Sections 96, 3(5) of the BNS and Sections 8 and 12 of the POCSO Act. They claimed they were falsely implicated and argued that the alleged victim, the informant’s daughter, had voluntarily acknowledged a consensual relationship and marriage with the petitioners' son in a statement under Section 183 of the BNSS. The State and the informant opposed the bail. After considering the FIR, the victim’s statement, and the petitioners’ clean antecedents, the Court directed that they be released on pre‑arrest bail subject to a bond of Rs.10,000 with two sureties and verification of any other criminal antecedents by the District Court. The bail order is conditioned on compliance with Section 482(2) of the BNSS and will lapse if adverse antecedents are found.
Issues considered
- Whether the mother and brother of the co‑accused are entitled to pre‑arrest bail in a POCSO case.
- Whether the victim’s statement under Section 183 BNSS affects the bail consideration.
Legislation cited
Subjects
- pre‑arrest bail
- POCSO
- Section 183 statement
- criminal antecedent verification
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84518 of 2025
Arising Out of PS. Case No.-376 Year-2025 Thana- PAKRIDAYAL District- East Champaran
======================================================
1. Urmila Devi W/O Mahaveer Sah
2. Abhishek Kumar S/O Mahaveer Sah
Both are R/O Vill.- Dhanauji, P.S.- Pakaridayal, Dist.- East Champaran.
... ... Petitioner/s
Versus
1. The State of Bihar
2. XX S/O Baiju Prasad Sah R/O Vill.- Dhanauji, P.S.- Pakaridayal, Dist.- East
Champaran.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Abhishek Kumar, Advocate
For the Opposite Party/s : Mr.Uday Chand Prasad, APP
For the informant : Mr. Shahid Jawed, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL ORDER
4 04-05-2026 Heard Mr. Abhishek Kumar; learned counsel
appearing on behalf of the petitioners and Mr. Uday Chand
Prasad, learned APP for the State and Mr. Shahid Jawed, learned
counsel for the informant.
2. The petitioners seek pre-arrest bail in connection
with Pakridayal P.S. Case No. 376 of 2025 registered for the
offence(s) punishable under Sections 96,3(5), of the BNS and
Sections 8 and 12 of POCSO Act.
3. Learned counsel appearing on behalf of the
petitioners submitted that petitioners are innocent and have been
falsely implicated in the present case. It is further submitted that
Patna High Court CR. MISC. No.84518 of 2025(4) dt.04-05-2026
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petitioner no.1 is the mother and petitioner no.2 is the brother of
the co-accused, Sachin Kumar. Learned counsel contends that
the son of petitioner no.1 and the informant’s daughter were in a
consensual relationship, which has been duly acknowledged by
the girl in her statement recorded under Section 183 of the
BNSS. In the said statement, she has also stated that she has
solemnized marriage with Sachin Kumar and wishes to reside
with him. It is further submitted that the petitioners have clean
antecedents.
4. Learned counsel for the informant and learned APP
appearing on behalf of the State have vehemently opposed the
prayer for grant of pre-arrest bail.
5. Having heard the rival submissions made on behalf
of the parties and upon perusal of the allegations made in the
FIR, as well as, the statement of the victim recorded under
Section 183 of the BNSS, it appears that the son of petitioner
no.1 and the informant’s daughter were in a relationship, which
has been acknowledged by the girl in her statement recorded
under Section 183 BNSS. She has further stated that she has
solemnized marriage with son of the petitioner no.1 and wishes
to live with him. Considering the aforesaid facts and
circumstances, the petitioners, being the mother and brother of
Patna High Court CR. MISC. No.84518 of 2025(4) dt.04-05-2026
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co-accused Sachin Kumar, are directed to be released on pre-
arrest bail, in the event of their arrest or surrender before the
learned District Court within a period of four weeks from today,
on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand)
each with two sureties of the like amount each to the
satisfaction of learned 7th District and Additional Sessions
Judge-cum-Special Judge, POCSO Act, East Champaran,
Motihari / Concerned Court in connection with Pakridayal P.S.
Case No. 376 of 2025, subject to the conditions as laid down
under Section 482(2) of the BNSS.
6. The learned District Court is directed to verify
the criminal antecedent of the petitioners and if it is found
that the petitioners are involved in some other cases, as
what has been stated in paragraph no.3 of the bail
application, this order will automatically lose its force.
(Purnendu Singh, J)
Sanjay/-
U T
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