Atma Devi @ Aatma Devi v. The State Of Bihar

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 ====================================================== 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 VillageKarharia, 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 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 2/3 petitioners are quite innocent and have not committed any offence. The petitioners are mother, father and sister of coaccused, 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 3/3 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