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Patna High Court

Chandrawati DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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




                  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.
            Patna High Court CR. MISC. No.11656 of 2026(3) dt.01-05-2026
                                                        3/3




                          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/-

U      T


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