Patna High Court
Chandrawati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The court granted anticipatory bail to the petitioners.
Summary
Petitioners Chandrawati Devi and Rakesh Prasad, the grandmother and uncle of the husband of informant Anshu Kumari, applied for anticipatory bail in a case alleging assault, poisoning and confinement by the informant's in‑laws. The FIR listed offences under Sections 126(2), 115, 110, 85, 352, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita. The petitioners argued that the allegations against them were vague, they lived separately after a family partition, and the elder petitioner was 72 years old. The court noted the general nature of the accusations and the petitioner's advanced age, and consequently granted anticipatory bail subject to bail bond and surety conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023. The order directed release on bail if arrested within four weeks, with a bond of Rs.10,000 and two sureties each.
Issues considered
- What is the appropriateness of granting anticipatory bail to the petitioners given the general and omnibus nature of the allegations?
- Does the petitioner's advanced age and separate residence affect the decision to grant anticipatory bail?
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 110, 115, 126(2), 3(5), 351(2), 352, 85
Subjects
- anticipatory bail
- criminal procedure
- family dispute
- assault
- poisoning
- age factor
- general allegations
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11656 of 2026
Arising Out of PS. Case No.-206 Year-2025 Thana- BARACHATTI District- Gaya
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1. Chandrawati Devi Wife of Raghunandan Prasad @ Raghunandan Mahto
Resident of village- Tetaria Khurd, Ps- Barachatti, Dist- Gayaji
2. Rakesh Prasad Son of Raghunandan Prasad @ Raghunandan Mahto
Resident of village- Tetaria Khurd, Ps- Barachatti, Dist- Gayaji
... ... Petitioner/s
Versus
1. The State of Bihar
2. Anshu Kumari wife of Ritik Kumar Resident of village- Tetaria Khurd, Ps-
Barachatti, Dist- Gayaji
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binod Kumar Sinha
For the Opposite Party/s : Dr. Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 01-05-2026 1. Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Barachatti Police Station Case No. 206 of 2025, dated
07.06.2025, disclosing offences under Sections
126(2)/115/110/85/352/351(2)/3(5) of the Bhartiya Nyaya
Sanhita.
3. The prosecution case, as per the First Information Report,
is that after the informant solemnized love marriage with
one Ritik Kumar on 18.02.2025, she started residing at
her matrimonial home. However, the in-laws, who were
Patna High Court CR. MISC. No.11656 of 2026(3) dt.01-05-2026
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against the marriage, in connivance with other accused
persons, assaulted the informant brutally, administered
poison to her on 25.05.2025 and locked her in a room.
The informant was taken to hospital by her parents
thereon.
4. Learned counsel for the petitioner submits that the
petitioner nos. 1 and 2 are grand-mother and uncle,
respectively, of the informant’s husband. The allegations
against the petitioners are general and omnibus in nature.
He next submits that after partition between the petitioner
no. 2 and father of informant’ husband, the petitioners are
living separately in house and mess. He further submits
that the petitioner no. 1 is very old lady aged about 72
years and informant’s husband and her mother-in-law and
father-in-law have been granted regular bail by
subordinate court itself.
5. Having regard to the submissions made on behalf of the
parties and taking into consideration the fact that the
allegation against the petitioners are general and omnibus
in nature and the fact that petitioner no. 1 is old lady aged
about 72 years, I am inclined to grant the petitioners
privilege of anticipatory bail.
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6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within four
weeks, be released 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 Additional
Chief Judicial Magistrate II, Sherghatti, Gaya, in
connection with Barachatti Police Station Case No. 206
of 2025, subject to the condition laid down under Section
482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
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