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Patna High Court

Fulo DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner.

Summary

Fulo Devi, a resident of Sitamarhi, applied for anticipatory bail fearing arrest in a case (PS No.476 of 2025) filed under sections 126(1), 115(2), 124(1) and 3(5) of the B.N.S.S Act, 2023, alleging she assaulted the informant’s son with a chhanauta and hot oil. The petitioner contended that the incident arose from a petty monetary dispute, both parties sustained injuries, and the informant has a criminal and alcoholic background, whereas she has no prior criminal record. The State opposed the bail. The Court, noting the existence of a counter‑case, injuries on both sides, and the petitioner’s clean record, granted anticipatory bail subject to a Rs.10,000 bond, two sureties, and compliance with Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S Act, 2023.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under Section 438 of the CrPC and Section 482(2) of the B.N.S.S Act, 2023 in view of the alleged assault and the surrounding facts.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.S
  • assault
  • gender
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13091 of 2026
                       Arising Out of PS. Case No.-476 Year-2025 Thana- DUMRA District- Sitamarhi
                 ======================================================
                 Fulo Devi Wife of Shiv Shankar Sah Resident of Village- Aajamgarh Ward
                 No. 6, P.S.- Dumra, District- Sitamarhi
                                                                           ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s       :      Mr.Harsh Anuj, Adv.
                 For the State              :      Mr.Ram Bilash Roy Raman, APP
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

2   18-03-2026                     1. Heard learned counsel for the petitioner and learned

                   APP for the State.

                                        2. The petitioner apprehends her arrest in connection

                   with Dumra P.S. Case no.476 of 2025 registered under sections

                   126(1), 115(2), 124(1) and 3(5) of BNS, 2023.

                                    3. Allegation in the F.I.R is that petitioner assaulted the

                   informant’s son with chhanauta and also threw hot oil on his body

                   due to which he sustained injuries.

                                    4. Learned counsel for the petitioner submits that

                   over a petty dispute of money to be paid for breakfast between the

                   petitioner and informant, scuffle took place between them and both

                   the petitioner and informant got injured. Injury reports of the

                   petitioner and her husband have been annexed as Annexure-3 Series

                   and Annexure-2 is the F.I.R lodged on the basis of fardbeyan of
            Patna High Court CR. MISC. No.13091 of 2026(2) dt.18-03-2026
                                                        2/2




                      the present petitioner recorded at Sadar Hospital, Samastipur. It

                      is further submitted that the informant is an alcoholic and a man

                      of criminal background. So far as this petitioner is concerned,

                      she is a lady having no criminal antecedent. She undertakes to

                      cooperate in the case/trial.

                                   5. The application for anticipatory bail is opposed by

                      learned A.P.P. for the State.

                                   6. Taking into consideration the aforesaid facts and

                      circumstances of the case and also considering the fact that there

                      is case and counter case and injury suffered on both sides

                      coupled with the fact that petitioner is a lady with no criminal

                      antecedent, it is directed that the petitioner, above named, in the

                      event of her arrest or surrender before the learned Court below

                      within a period of four weeks, be released on anticipatory bail in

                      connection with Dumra P.S. Case no.476 of 2025 on furnishing

                      bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

                      sureties of the like amount each to the satisfaction of the learned

                      Chief Judicial Magistrate, Sitamarhi, subject to the condition

                      laid down under Section 438(2) of the Code of Criminal

                      Procedure/Section 482(2) of the B.N.S.S, 2023.


                                                (Soni Shrivastava, J)
Harsh/-
U       T


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