Ansina Devi @ Basho Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Ansina Devi @ Basho Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail granted to both petitioners: release directed in the event of arrest or surrender before the court below within four weeks, on a bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge (POCSO Act), Jehanabad, subject to the conditions under Section 438(2) Cr.P.C.

Issue for consideration

Whether the petitioners, who face general and omnibus FIR allegations of having molested the informant and her mother in POCSO Case No.137 of 2024 arising out of Kako P.S. Case No. 289 of 2024, are entitled to pre-arrest bail.

Court's answer

The nature of the allegation made in the FIR against the petitioners was found to be general and omnibus; considering further that the petitioners are ladies, the judge held that the petitioners had, prima facie, made out a case to be released on pre-arrest bail.

Ratio / Principle

The petitioners were directed to be released on pre-arrest bail, in the event of their arrest or surrender before the court below within four weeks, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge (POCSO Act), Jehanabad, in connection with POCSO Case No.137 of 2024, subject to the conditions laid down under Section 438(2) Cr.P.C.

Detailed headnote1 paragraphs

Pre-arrest bail granted - Patna High Court (Purnendu Singh, J), order dated 06-03-2025, in Criminal Miscellaneous No.7660 of 2025. Petitioners Ansina Devi @ Basho Devi and Priyanka Kumari, women members of the same family, sought anticipatory bail in POCSO Case No.137 of 2024 arising out of Kako P.S. Case No. 289 of 2024 (Thana KAKO, District Jehanabad), registered for offences punishable under Sections 329(3), 115(2), 110, 76, 303(2), 351(3), 352 & 3(5) of the BNS; per the FIR, the accused persons named therein, including the petitioners, allegedly molested the informant and her mother. Finding the allegation against the petitioners to be general and omnibus, and noting that the petitioners are ladies, the court held that they had prima facie made out a case for pre-arrest bail and directed their release on arrest or surrender before the court below within four weeks, on a bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Additional Sessions Judge-VI-cum-Special Judge (POCSO Act), Jehanabad, subject to the conditions laid down under Section 438(2) Cr.P.C.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.7660 of 2025

Arising Out of PS. Case No.-289 Year-2024 Thana- KAKO District- Jehanabad

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

Ansina Devi @ Basho Devi W/o- Chhotu Yadav

Priyanka Kumari W/o- Rohit Prakash All are resident of Village- Mai Math Ps- Kako Bhelaber OP DistJehanabad, Bihar

... ... Petitioner/s

Versus

The State of Bihar

XXX D/o- Uday Yadav Village- Mai Math Ps- Kako Bhelaber OP DistJehanabad

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Uday Kumar, Advocate For the Opposite Party/s : Mr.Bharat Lal, APP ======================================================

CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH

ORAL ORDER

2 06-03-2025

Heard Mr. Uday Kumar, learned counsel appearing

on behalf of the petitioners and Mr. Bharat Lal, learned APP for the State.

The petitioners seek pre-arrest bail in connection with POCSO Case No.137 of 2024 arising out of Kako P.S. Case No. 289 of 2024 registered for the offence(s) punishable under Sections 329(3), 115(2), 110, 76, 303(2), 351(3), 352 & 3(5) of the BNS.

As per the allegation made in the FIR, the accused

Patna High Court CR. MISC. No.7660 of 2025(2) dt.06-03-2025 2/3

persons named therein including the petitioners have molested the informant and her mother.

Learned counsel appearing on behalf of the petitioners submitted that petitioners are ladies, who are members of the same family and the allegation as alleged against them cannot be sustained as general and omnibus allegation has been made against the petitioners. It is admitted that there is enmity between both the parties.

Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.

Considering the nature of allegation made in the FIR to be general and omnibus and also the fact that petitioners are ladies, I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.

The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge-VI-cumSpecial Judge (POCSO Act), Jehanabad in connection with POCSO Case No.137 of 2024 arising out of Kako P.S. Case No.

Patna High Court CR. MISC. No.7660 of 2025(2) dt.06-03-2025 3/3

289 of 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.

(Purnendu Singh, J)

Sanjay/-

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