IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.22570 of 2026 Arising Out of PS. Case No.-123 Year-2025 Thana- MAHILA PS District- East Champaran ====================================================== 1. Upendra Bhagat @ Upendra Kumar Kushwaha @ Upendra Kumar @ O.P. Bhagat S/o Thaga Bhagat Resident of village - Ghamsan Pakari (Ghanshyam Pakari), P.S- Pipra, Distt.- East Champaran 2. Uma Devi W/o Upendra Kumar @ Upendra Kumar Kuswaha @ Upendra Bhagat @ O.P. Bhagat Resident of village - Ghamsan Pakari (Ghanshyam Pakari), P.S- Pipra, Distt.- East Champaran 3. Suresh Bhagat @ Surendra Kumar Prasad S/o Thaga Bhagat Resident of village - Ghamsan Pakari (Ghanshyam Pakari), P.S- Pipra, Distt.- East Champaran 4. Sunaina Devi W/o Virendra Bhagat Resident of village - Ghamsan Pakari (Ghanshyam Pakari), P.S- Pipra, Distt.- East Champaran ... ... Petitioner/s Versus 1. The State of Bihar 2. XX D/o YY R/o vill - Balwa, P.S.- Pipra, Distt.- East Champaran ... ... Opposite Party/s ====================================================== Appearance : For the Petitioners : Mr. Abhishek Kumar, Advocate For the State : Mr. Binay Krishna, APP For the Informant : N o n e ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 3 29-06-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State. 2. Despite valid service of notice, no one appears on behalf of informant/Opposite Party No. 2. 3. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 69, 89, 303(2), 352, 351(2), 351(3) and 3(5) of the B.N.S., Sections 4 and 6 of the POCSO Act and Sections 3(i)(r) Patna High Court CR. MISC. No.22570 of 2026(3) dt.29-06-2026 2/3 (s), 3(i)(s) and 3(2)(va) of the S.C./S.T. (PoA) Act. 4. As per prosecution case, it is alleged that on false pretext of marriage, co-accused Akash Kumar established physical relations with the informant due to which she got pregnant and had to get abortion. Thereafter, on 11.10.2025, when informant went to house of the accused persons, she was abused by caste based slurs, assaulted and threatened of dire consequences. 5. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of committing sexual assault with the informant on the false pretext of marriage is against co- accused Akash Kumar. Petitioners have falsely been implicated in this case merely because they happen to be relatives of co- accused Akash Kumar. Allegation of assault and abuse by caste name is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Petitioners claim clean antecedents. 6. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners. Patna High Court CR. MISC. No.22570 of 2026(3) dt.29-06-2026 3/3 7. Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed. 8. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned 7th District and Additional Sessions Judge-cum-Special Judge, POCSO Act, East Champaran, Motihari in connection with Mahila P.S. Case No. 123 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.. shashank/- (Prabhat Kumar Singh, J) U T