Patna High Court

Babita Devi @ Kabita DeviversusThe State of Bihar

Decided: 1 April 2026
Disposal: BAIL REJECTED
Bench: ALOK KUMAR SINHA

Holding

Anticipatory bail was not granted to the petitioner.

Summary

The petitioner, Babita Devi, applied for anticipatory bail fearing arrest in a case (PS Case No.182 of 2024) involving multiple serious offences under the Indian Penal Code, including assault, grievous hurt, attempted rape, and robbery. The prosecution alleged that the petitioner, along with co‑accused, used weapons to assault the victim and her son, resulting in serious injuries and looting of property. The petitioner’s counsel argued that she was innocent, that no incriminating material was seized from her, and that the charges were based on vague, omnibus allegations without specific overt acts. The court examined the gravity of the alleged offences, noting the serious injuries inflicted and the petitioner’s purported pivotal role in the crime. Concluding that the seriousness of the allegations outweighed the petitioner's claim of innocence, the court declined to grant anticipatory bail and dismissed the application.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the serious offences alleged under the Indian Penal Code.

Legislation cited

Indian Penal Code — s. 307, 323, 324, 34, 341, 354, 379, 504

Subjects

anticipatory bail
Indian Penal Code
grievous hurt
rape
robbery
criminal procedure
bail

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.10866 of 2026
                   Arising Out of PS. Case No.-182 Year-2024 Thana- BIHARIGANJ District- Madhepura
                 ======================================================
                 Babita Devi @ Kabita Devi W/o- Gyan Chandra Mukhiya R/v- Saroni Kala
                 W.No-14, Ps- Bihariganj Dist- Madhepura
                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Uday Chand Prasad, Advocate
                 For the Opposite Party/s :      Mr.Damodar Prasad Tiwary, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
                                                  ORAL ORDER


3   01-04-2026                   Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. The petitioner apprehends her arrest in connection

                   with Bihariganj P.S. Case No.182 of 2024, registered for the

                   offence under Sections 323, 324, 307, 341, 354, 379, 504, 34 of

                   the Indian Penal Code.

                                 3. Prosecution story in brief is that Bibi Monina

                   Khatoon along with the other co-accused persons being armed

                   with weapons abused and assaulted her and her son Md. Anwar

                   as well as Manoj Mukhia shouted with direction to other

                   accused to raped her and then Sunil Mukhiya assaulted her and

                   after that they fell her in the land and on direction of co-accused
Patna High Court CR. MISC. No.10866 of 2026(3) dt.01-04-2026
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          Anil Mukhiya ad Bindeshwari Mukhiya, the petitioner gave

          sword to her husband Gyan Chandra Mukhiya who blow with

          sword on her son which hit on the right side of his head causing

          bleeding injury to him and considering him dead, the accused

          persons 2 to 7 looted articles of oil, Masala, Soap etc. from her

          shop worth Rs. 15,000/- and dispersed the other articles..

                       4. Learned counsel for the petitioner submits that

          petitioner is innocent and has committed no offence and has

          falsely been implicated in this case. Learned counsel for the

          petitioner further submits that the petitioner was not arrested

          from place of occurrence nor any incriminating articles were

          recovered from him. Learned counsel for the petitioner next

          submits that there are general and omnibus allegation and no

          specific overtact against petitioner.

                       5. Considering the serious nature of the offence

          alleged to have been committed by the petitioner, which has

          caused injury on the head and the vital part of the body leading

          to grievous injury which has been noted in the impugned order.

          The petitioner it appears played a vital role in committing of the

          offence.

                       6. Considering these aspects of the matter, this Court

          is not inclined to grant the privelge of anticipatory bail to the
          Patna High Court CR. MISC. No.10866 of 2026(3) dt.01-04-2026
                                                      3/3




                    petitioner.

                                  7. Accordingly, the anticipatory bail application is

                    rejected.


                                             (Alok Kumar Sinha, J)

Prakash Narayan
U      T

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