Indra Kamal Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.8100 of 2026 Arising Out of PS. Case No.-455 Year-2025 Thana- RAJNAGAR District- Madhubani ====================================================== 1.

Indra Kamal Yadav S/O Upendra Yadav R/O Village- Mahinathpur, P.SRajnagar, District- Madhubani. 2.

Pradeep Kumar @ Pradeep Kumar Yadav @ Pradeep Yadav S/O Thakai Yadav R/O Village- Mahinathpur, P.S- Rajnagar, District- Madhubani. ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Smt. Paro Devi W/O Vinod Yadav R/O Village- Mahinathpur, P.S- Rajnagar, Distt.- Madhubani.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioners :

Mr. Jitendra Kumar Bharti, Advocate Ms. Nitu Kumari, Advocate For the State :

Mr. Mithlesh Kumar Khare, APP For the Informant :

Mr. Sudhir Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-04-2026 Heard learned counsel appearing on behalf of the petitioners, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant/Opposite Party No. 2.

2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 118(1), 74, 76, 352, 351(2) and 3(5) of the B.N.S., Sections 8 and 12 of the POCSO Act and Section 25(a) of the Arms Act.

3. The prosecution case, in brief, is that on 22.10.2025

Patna High Court CR. MISC. No.8100 of 2026(3) dt.28-04-2026 2/3 at about 10 AM, co-accused Deepak Kumar tried to outrage the modesty of minor daughter of informant while she was alone at the field. It is further alleged that thereafter, all the F.I.R. named accused persons, including these petitioners, intercepted son of informant on the point of pistol, made firing in the air, snatched his motorcycle and threatened.

4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of outraging the modesty of minor daughter of informant is against co-accused Deepak Kumar. So far as these petitioners are concerned, there is general and omnibus nature of allegations and no specific accusation of any overt act has been alleged against them. Petitioners have falsely been implicated in this case merely because they happen to be relatives of co-accused Deepak Kumar. It is further submitted that the victim in her statement recorded under Section 180 of the B.N.S.S. has alleged that it was co-accused Deepak Kumar who outraged her modesty. Petitioners claim clean antecedents.

5. Learned A.P.P. for the State and learned counsel for the informant/Opposite Party No. 2 have vehemently opposed

Patna High Court CR. MISC. No.8100 of 2026(3) dt.28-04-2026 3/3 the prayer for grant of anticipatory bail to the petitioners.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cum-Special Judge (POCSO Act), DistrictMadhubani in connection with Rajnagar P.S. Case No. 455 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S..

(Prabhat Kumar Singh, J) shashank/- U T