Rubi Devi Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

Rubi Devi Vs The State of Bihar — Child Sexual Offences (POCSO) | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners upon arrest or surrender within four weeks before the learned court below, on furnishing bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned A.D.J. 7th-cum-Special Judge, POCSO Court, Bhagalpur, in connection with Ghogha P.S. Case No. 53 of 2024, subject to conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioners, stated to be the mother and father of the main accused Budho Mandal @ Mandal @ Budhor Mandal, apprehending arrest in connection with Ghogha P.S. Case No. 53 of 2024 (Sections 363, 366(A) and 34 IPC; Section 8 POCSO Act), should be released on anticipatory bail.

Court's answer

Considering the facts and circumstances, the Court directed that the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing a bail bond of Rs. 10,000/- with two sureties of the like amount each, to the satisfaction of the learned A.D.J. 7th-cum-Special Judge, POCSO Court, Bhagalpur, in connection with Ghogha P.S. Case No. 53 of 2024, subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Anticipatory bail granted (Nawneet Kumar Pandey, J, Patna High Court, 02-04-2025) to Rubi Devi and Mahendra Mandal, mother and father of the main accused Budho Mandal @ Mandal @ Budhor Mandal, who apprehended arrest in Ghogha P.S. Case No. 53 of 2024, registered under Sections 363, 366(A) and 34 of the Indian Penal Code and Section 8 of POCSO Act for the alleged kidnapping of the informant's minor daughter. Petitioners to be released on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each, to the satisfaction of the learned A.D.J. 7th-cum-Special Judge, POCSO Court, Bhagalpur, upon arrest or surrender within four weeks, subject to the conditions laid down under Section 438(2) Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.15575 of 2025

Arising Out of PS. Case No.-53 Year-2024 Thana- Ghogha District- Bhagalpur

======================================================

Rubi Devi Wife of Mahendra Mandal R/vill -Pakkisari PS -Ghogha District -Bhagalpur

Mahendra Mandal son of Late Bhola Mandal R/vill -Pakkisari PS -Ghogha District -Bhagalpur

... ... Petitioner/s

Versus

The State of Bihar

Subodh sah son of Parshuram sah R/vill -Pakkisari PS -Ghogha District -Bhagalpur

... ... Opposite Party/s

======================================================

Appearance :

For the Petitioner/s : Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s : Mr. Shailendra Kumar, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY

ORAL ORDER

2 02-04-2025 Heard learned counsel for the petitioners and

learned APP for the State.

The petitioners apprehend their arrest in connection with Ghogha P.S. Case No. 53 of 2024, registered for the offences punishable under Sections 363, 366(A) and 34 of the Indian Penal Code and Section 8 of POCSO Act.

As per the allegation, the petitioners have kidnapped the minor daughter of the informant.

Learned counsel for the petitioners has submitted that the petitioners are mother and father of main accused, Budho Mandal @ Mandal @ Budhor Mandal against whom

Patna High Court CR. MISC. No.15575 of 2025(2) dt.02-04-2025 2/2

there was allegation of kidnapping of the minor daughter of the informant. Learned counsel has submitted that the petitioners have falsely been implicated merely because parents of the coaccused, Budho Mandal @ Mandal @ Budhor Mandal. The petitioners are the persons of the clean antecedent. It has also been submitted that there was love and affection between the son of the petitioners and the alleged victim.

On the other hand, learned APP for the State opposes the prayer for bail of the petitioners.

Considering the above-mentioned facts and circumstances, let the petitioners, in the event of their arrest or surrender within four weeks before the learned court below, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.D.J. 7th-cum-Special Judge, POCSO Court, Bhagalpur in connection with Ghogha P.S. Case No. 53 of 2024, subject to the conditions as laid down under Section 438(2) Cr.P.C.

(Nawneet Kumar Pandey, J)

Neha/-

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