Patna High Court
Parwati Devi @ Parwati KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court held that bail should be granted to the petitioner, subject to bond, sureties, and compliance with section 482(2) conditions.
Summary
The petitioner, Parwati Devi, sought bail in a case where she was accused under several sections of the Bharatiya Nagarik Suraksha Sanhita (BNS) for alleged involvement in the abduction and sexual exploitation of a minor. The prosecution alleged that she, along with co‑accused, abducted the minor, administered intoxicants, and facilitated her transport to another state where she was sexually assaulted and filmed. The petitioner contended that she is merely the sister of one co‑accused and had no role in the crime, emphasizing her clean antecedent and lack of involvement. The State opposed bail, citing the seriousness of the offences. The court, considering her clean record and the circumstances, ordered that bail be granted upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions under section 482(2) of the BNS, and to surrender within eight weeks to the Special Judge POCSO Act Court.
Issues considered
- Whether bail can be granted to an accused charged with serious offences under the BNS including kidnapping and sexual assault of a minor.
- Whether the petitioner’s familial relationship to a co‑accused suffices to establish lack of participation and justify bail.
- Whether the conditions prescribed under section 482(2) of the Bharatiya Nagarik Suraksha Sanhita are satisfied for bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 126(2), 127(2), 137(2), 303(2), 3(5), 482(2), 61(1), 61(2), 65(1), 76
- Protection of Children from Sexual Offences Act, 2012
Subjects
- bail
- criminal procedure
- Bharatiya Nagarik Suraksha Sanhita
- POCSO Act
- sexual assault
- kidnapping
- minor
- clean antecedent
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.85023 of 2025
Arising Out of PS. Case No.-62 Year-2025 Thana- SUPAUL District- Supaul
======================================================
Parwati Devi @ Parwati Kumari Wife of Raj Kumar Mandal Resident of
Village- Visanpur Ward No. 02, P.S.- Supaul, District- Supaul
... ... Petitioner/s
Versus
1. The State of Bihar
2. XXXXX SOn Of Mishrilal Yadav Resident of VishanPur, Ward no.2, P.S and
District- Supaul.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Naresh Kumar Mehta, Advocate
For the Opposite Party/s : Mr. Humayou Ahmad Khan, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 06-01-2026 Heard learned counsel for the petitioner and the
State .
2. Petitioner apprehends her arrest in a case registered
for the offence punishable under sections 126 ( 2 ), 127 ( 2 ),
137 ( 2), 76, 65 (1) , 61 ( i ), 61 ( 2 ), 303 ( 2 ) and 3 (5) of BNS.
3 . The prosecution case , in brief, is that on
01.07.2024 , informant and his family members had gone to
their field and the daughter of informant aged about 13 years
was alone in the house , in the meantime , this petitioner along
with other co-accused under a conspiracy came to the house of
informant and they took the minor daughter of informant to
market with them. After purchasing something from market,
Patna High Court CR. MISC. No.85023 of 2025(2) dt.06-01-2026
2/3
when the daughter of the informant asked them to return home
then , co-accused Vibha devi and this petitioner deceitfully took
her to Supaul railway station on tempo where the other co-
accused persons were already present with four wheeler vehicle
and on the point of weapon , they made her seated in the
vehicle and administered some intoxicating substance to the
victim due to which she became unscious. Thereafter, co-
accused Dilkush Kumar took the victim to Madras by train and
confined her in a room at some unknown place and sexually
exploited her and made video of the same and made viral it, on
social media .
4. It is submitted on behalf of the petitioner that
petitioner is sister of co-accused Dilkush Mandal who forcibly
committed sexual interocourse with the victim. As a matter of
fact, there was love affair between the victim and co-accused
Dilkush Kumar and both them are adults. Petitioner has got no
concern with the alleged incident and she has been accused in
this case merely because she happens to be sister of co-accused
Dilkush Mandal. Petitioner is lady and claims clean antecedent.
5 . Learned counsel for the State opposed the bail
petition .
6 Considering the aforesaid facts, clean antecedent of
Patna High Court CR. MISC. No.85023 of 2025(2) dt.06-01-2026
3/3
the petitioner and other circumstances of the case , in the event
of arrest or surrender within eight weeks from today, let the
petitioner, as named above, be enlarged on bail on furnishing
bail bond of Rs.10,000/-(ten thousand) with two sureties of the
like amount each to the satisfaction of the learned District and
Additional Session Judge – cum Special Judge POCSO Act
Supaul in connection with Supaul P.S. Case No. 62 of 2025 ,
subject to the conditions laid down under section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita , 2023 .
(Prabhat Kumar Singh, J)
Koushik/-
U T
Checking your session…