Patna High Court
Soni Devi @ Soniya Devi @ Seni DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court allowed the application and granted anticipatory bail to the petitioners.
Summary
The petitioners, Soni Devi and Rekha Devi, were accused of assaulting the husband of an informant with iron rods, an offence alleged under several sections of the Bharatiya Nyaya Sanhita, 2023. They filed an application for anticipatory bail, claiming innocence, a prior enmity with the informant, and an unexplained fourteen‑day delay in filing the FIR. The State and the informant opposed the bail, asserting that the injured party corroborated the prosecution’s version and suffered serious injuries. The Court, taking note of the petitioners being women and the circumstances raised, exercised its power under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and granted anticipatory bail subject to bond and surety conditions. The order directed that if arrested within four weeks, the petitioners be released on bail upon furnishing the prescribed security.
Issues considered
- Whether anticipatory bail can be granted to the accused under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the seriousness of the offences alleged.
- Whether the delay in lodging the FIR and the alleged prior enmity justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 110, 115(2), 117(2), 118(1), 126(2), 3(5), 61(2)
Subjects
- anticipatory bail
- assault
- delay in FIR
- gender consideration
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10342 of 2026
Arising Out of PS. Case No.-176 Year-2025 Thana- SANHAULA District- Bhagalpur
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1. Soni Devi @ Soniya Devi @ Seni Devi W/O Pugal Yadav R/O Village-
Milki, P.S- Sanhaula, Dist.- Bhagalpur (Bihar).
2. Rekha Devi W/O Rambhajan Yadav @ Rambhajo Yadav @ Rambhajan
Bhadan R/O Village- Milki, P.S- Sanhaula, Distt.- Bhagalpur (Bihar).
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Dhananjay Kumar Pandey
For the State : Mr.Ashok Kumar Singh
For the informant : Mr. Ashok Kumar Jha
Mr. Ankit Raj
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 23-04-2026 1. Heard learned Counsel for the petitioners, learned
Counsel for the informant and learned Additional Public
Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Sanhaula Police Station Case No. 176 of 2025, dated
01.10.2025, disclosing offences punishable under
Sections 126(2)/115(2)/118(1)/117(2)/110/61(2)/3(5) of
the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that on 16.09.2025, at about 10:30 AM, while the
buffalo of the informant’s husband was grazing, the
accused persons, including the petitioners, armed with
Patna High Court CR. MISC. No.10342 of 2026(3) dt.23-04-2026
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iron-rods and lathis, assaulted him on his head, mouth and
hand, due to which he sustained injuries.
4. Learned Counsel for the petitioners submits that the
petitioners are innocent and have falsely been implicated
in this case due to admitted previous enmity between the
parties. Both the parties are agnates as well as next door
neighbour. He further submits that though the alleged
occurrence had taken place on 16.09.2025, the First
Information Report was lodged on 01.10.2025, i.e.
unexplained delay of about fourteen days.
5. Learned Additional Public Prosecutor as well as learned
Counsel for the informant vehemently opposes the prayer
for anticipatory bail. Learned Counsel for the informant
submits that the injured has supported the prosecution
version in his statement before the police and he has
sustained multiple fracture injuries and the petitioners
have also taken active participation in the assault upon the
husband of the informant.
6. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
the petitioners are ladies, I am inclined to grant the
petitioners privilege of anticipatory bail.
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7. This application is, accordingly, allowed.
8. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within a period
of four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the
satisfaction of learned Chief Judicial Magistrate,
Bhagalpur, in connection with Sanhaula Police Station
Case No. 176 of 2025, subject to the condition laid down
under Section 482 (2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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