Patna High Court
Manju DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioners, directing them to furnish a bail bond of Rs 10,000 with two sureties each.
Summary
Manju Devi and Alka Kumari were arrested in connection with a case alleging that they, along with others, assaulted a differently‑abled informant, tied her neck with a saree and disrobed her, invoking several sections of the Indian Penal Code. The petitioners contended that they were innocent, that the allegations were vague, that there was no injury report, and that they had no prior criminal record, having been in judicial custody since 11‑12‑2025. The State opposed bail, arguing the seriousness of the offences. After hearing both sides, the Patna High Court found the prosecution’s case insufficient to deny bail and ordered the petitioners to be released on bail upon furnishing a bond of Rs 10,000 with two sureties each. The order was pronounced by Justice Ashok Kumar Pandey.
Issues considered
- Whether bail should be granted to the petitioners despite the serious nature of the offences alleged under the IPC.
- Whether the prosecution’s evidence is sufficient to justify continued detention.
Legislation cited
- Indian Penal Code — s. 115(2), 118(1), 126(2), 303(2), 351(2), 352, 76
Subjects
- bail
- Indian Penal Code
- assault
- false implication
- judicial custody
- surety
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.10426 of 2026
Arising Out of PS. Case No.-153 Year-2025 Thana- ARER District- Madhubani
======================================================
1. Manju Devi, D/o Arjun Yadav, R/o Village- Arer Tole Sinuwara, P.S.- Arer,
District- Madhubani
2. Alka Kumari @ Alka Devi, D/o Arjun Yadav, R/o Village- Arer Tole
Sinuwara, P.S.- Arer, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jitendra Kumar Bharti, Advocate
For the Opposite Party/s : Mr. Ajit Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 20-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners have prayed for bail in connection
with Arer P.S. Case No. 153 of 2025 registered for the offence
punishable under Sections 126(2), 115(2), 118(1), 76, 303(2),
352, 351(2) of B.N.S.
3. The case of the prosecution, in short, is that the
petitioners along with others have abused the informant who is
differently-abled lady. It is alleged that Arjun Yadav and Arun
Yadav have assaulted her and disrobed her. The allegation against
the petitioners is that they have tied the neck of the informant with
saree.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.10426 of 2026(2) dt.20-02-2026
2/2
petitioners has submitted that petitioners are innocent and have
committed no offence. They have been falsely implicated in this
case. They are neighbours. The main thrust of allegation is against
Arjun Yadav and Arun Yadav. In last part of the F.I.R. the
allegations are implicated against the petitioners. From perusal of
the order of learned trial Court it is clear that there is no injury
report of the informant. Moreover, the allegation is general and
omnibus. Petitioners are having no criminal antecedent and they
are languishing in judicial custody since 11.12.2025.
5. The application for bail is opposed by learned APP
for the State.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioners on bail. The above named
petitioners are directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) each with two
sureties of the like amount each to the satisfaction of the learned
S.D.J.M., Benipatti, Madhubani in connection with Arer P.S. Case
No.153 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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