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Patna High Court

Chhathiya DeviversusThe State of Bihar

Decided
Disposal
BAIL REJECTED

Holding

The court rejected the petitioner's prayer for anticipatory bail.

Summary

Chhathiya Devi, a resident of East Champaran, applied for anticipatory bail after being named in an FIR for offences under Sections 302 and 34 of the Indian Penal Code, alleging she and co‑accused assaulted the informant's son, causing his death. The petitioner claimed innocence and alleged false implication, while the State argued that the FIR specifically accused her of the assault and murder. The court examined the seriousness of the charges, the direct nature of the accusation, and the gravity of the alleged offence. Considering these factors, the court found no sufficient ground to grant anticipatory bail. Consequently, the prayer for anticipatory bail was rejected.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner under the circumstances of the FIR alleging murder and assault.

Legislation cited

Subjects

  • anticipatory bail
  • IPC 302
  • IPC 34
  • murder
  • assault
  • criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12663 of 2026
                     Arising Out of PS. Case No.-111 Year-2024 Thana- PIPRA District- East Champaran
                 ======================================================
                 Chhathiya Devi W/O Dinesh Manjhi Resident of Village- Bharauliya, P.S-
                 Muffasil, District- East Champaran.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner       :        Mr. Karandeep Kumar, Advocate
                 For the State            :        Mr. Umeshanand Pandit, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   23-04-2026                  Heard Mr. Karandeep Kumar, learned counsel

                   appearing on behalf of the petitioner and Mr. Umeshanand

                   Pandit, learned APP appearing on behalf of the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offence punishable under Sections 302 and 34

                   of the Indian Penal Code.

                                3. As per prosecution case, it is alleged that this

                   petitioner, along with co-accused Akhilesh Manjhi, assaulted

                   son of informant with lathi and danda as a result of which, son

                   of informant died.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. Petitioner has falsely been implicated in

                   this case with ulterior motive. Petitioner is a lady and claims
             Patna High Court CR. MISC. No.12663 of 2026(2) dt.23-04-2026
                                                         2/2




                       clean antecedents.

                                    5. On the other hand, learned A.P.P. for the State has

                       vehemently opposed the prayer for grant of anticipatory bail to

                       the petitioner and submitted that petitioner is named in the F.I.R.

                       and there is specific accusation that she, along with co-accused

                       Akhilesh Manjhi, assaulted son of informant with lathi and

                       danda as a result of which, he died on the spot.

                                    6. Considering the facts and circumstances of the

                       case, specific and direct nature of accusation and gravity of

                       offence, the prayer for grant of anticipatory bail to the petitioner

                       is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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