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Patna High CourtCR. MISC./55845/2025bail granted

Sanju Devi v. The State Of Bihar

2025-09-08Mr. Justice Rajiv Roy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.55845 of 2025 Arising Out of PS. Case No.-159 Year-2025 Thana- MANER District- Patna ====================================================== Sanju Devi W/O Santosh Kumar @ Santosh Rai @ Santosh Ram Resident Of Village- Ratantola, P.s.- Maner, Dist.- Patna(village wrongly typed as shamtola in the Impugned order) ... ... Petitioner/s

Versus

1.

The State Of Bihar 2.

Kanti Devi W/O Durga Prasad Singh Resident Of Village- Ratantola, P.s.- Maner, Dist.- Patna ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sangeeta Kumari Singh, Adv.

For the Opposite Party/s :

Mr. Anish Chandra, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 08-09-2025 Heard learned Counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in connection with Special POCSO Case No. 82 of 2025 arising out of Maner P.S. Case No. 159 of 2025 for the offence registered under sections 126(2), 308(2), 77, 78, 79 of the BNS & Section 66(E) of the IT Act and Section 8/12 of the POCSO ACt lodged on 04.03.2025 by the informant, Kanti Devi.

3. As per the prosecution story, the informant alleged that one Rohit Kumar (son of the petitioner) allured her minor daughter, took objectionable photographs and on the threat of making it viral on the social media, forced her to part with Rs. 1,00,000/- as also the jewelleries. When she complained to the mother (the petitioner herein), she along with her another son,

Patna High Court CR. MISC. No.55845 of 2025(2) dt.08-09-2025 2/3 Abhishek assaulted. Later, it alleged that Rohit uploaded the nude video of her daughter on the social media. The girl under section 164 Cr.P.C. has supported the prosecution story.

4. Learned Counsel for the petitioner submits that she is mother, the allegation of taking the nude photographs and uploading it on social media as also the parting of the amount/jewelry is attributed to the son, Rohit, only allegation against this lady is of trying to assault her. She is an aged person and if granted relief, shall be co-operating in the investigation/diligently appearing in trial.

5. The record of the case shows that the informant has put in appearance through Mr. Rashid Zafar and Mr. Ajit Kumar. However, on call, they are not present.

6. Considering the submissions of the parties as also the fact that though the allegation has come against Rohit, this lady is alleged to have tried to assault, she is an aged person and an undertaking has been given that she shall be diligently appearing in trial, in that background, this Court is inclined to grant her the anticipatory bail with conditions.

7. Let the petitioner in the event of arrest or surrender within a period of four weeks from the date of receipt of the order, shall be released on anticipatory bail on furnishing bail of Rs. 10,000/- (ten thousand) each with two sureties of the like amount

Patna High Court CR. MISC. No.55845 of 2025(2) dt.08-09-2025 3/3 each to the satisfaction of the learned Additional Session JudgeVII cum Special Judge POCSO Court, Patna in connection with Special POCSO Case No. 82 of 2025 arising out of Maner P.S. Case No. 159 of 2025 subject to condition as laid down under Section 438(2) of the Cr.P.C.

(i) one of the bailor should be the family members/relatives of the petitioner, who shall provide official document to show his bona fide;

(ii) the petitioner shall appear on each and every date before the Trial court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial court itself;

(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(iv) the petitioner shall desist from committing any criminal offence again failing which the State shall be at liberty to take steps for cancellation of the bail bonds. (Rajiv Roy, J) Vijay Singh/- U T