Patna High Court
Fulo DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
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
- B.N.S.S. Act, 2023 — s. 115(2), 124(1), 126(1), 3(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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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