Janki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78076 of 2025 Arising Out of PS. Case No.-81 Year-2025 Thana- Fekla District- Darbhanga ====================================================== Janki Devi Wife of Lochan Yadav Resident of Village- Fatepur, P.S.- Fekla, Dist.- Darbhanga ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Dilip Kumar Yadav S/o Triveni Yadav Resident of Village- Fatepur, P.S.- Fekla, Dist.- Darbhanga ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Govind Mohan Thakur, Advocate For the Opposite Party/s :

Mr. Mukesh Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-12-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Fekla Police Station Case No. 81 of 2025, disclosing offences under Sections 96, 352 and 3(5) of Bharatiya Naya Sanhita and later on Section 4/6 of POCSO Act and 67(A) of I.T. Act has been added.

3. The prosecution case, as per the First Information Report, is that on 13.08.2025, in the morning, the minor daughter of the informant went to attend natures' call, but did not return. It has further been alleged that upon search, the informant came to know that victim was last seen with co-

Patna High Court CR. MISC. No.78076 of 2025(2) dt.24-12-2025 2/3 accused Mukesh Kumar Yadav. On getting the information, the informant went to the house of Mukesh Kumar Yadav where he was not found. When he told the parents about the occurrence, the petitioner along with her family members gave assurance that his daughter would be back within two days. When the daughter of the informant did not return then the informant again went to the house of petitioner where the petitioner and her family members abused and drove him away.

4. Learned counsel for the petitioner submits that petitioner has been made accused merely because she happens to be the mother of the co-accused Mukesh Kumar Yadav. Mukesh Kumar Yadav is in judicial custody since 20.08.2025. The only allegation in the FIR against the petitioner is that when the informant came in search of his daughter at the residence of the petitioner, he was abused by the petitioner and other family members.

5. Considering the nature of allegation made in the FIR and the fact that the petitioner is a lady aged about 55 years and the co-accused Mukesh Kumar Yadav is in custody, I am inclined to grant the petitioner privilege of anticipatory bail.

6. This application is, accordingly, allowed.

7. Let the petitioner, above named, in the event of her

Patna High Court CR. MISC. No.78076 of 2025(2) dt.24-12-2025 3/3 arrest or surrender before the Court below within four weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, (POCSO Act), Darbhanga, in connection with Fekla Police Station Case No. 81 of 2025, subject to the condition laid down under Section 482

(2) of the Bharatiya Nagarik Suraksha Sanhita. (Anil Kumar Sinha, J) Siwani/- U T