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Patna High Court

Soni Devi @ Soniya Devi @ Seni DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                 ======================================================
           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
                                            2/3




                   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.
            Patna High Court CR. MISC. No.10342 of 2026(3) dt.23-04-2026
                                                        3/3




                          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/-

U √     T   √


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