Patna High Court
Sarswati Devi @ Sita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ARUN KUMAR JHA
Holding
The court granted bail to the petitioner, subject to a bond and conditions, as there was no specific allegation of assault against her.
Summary
The petitioner, Sarswati Devi, sought relief fearing arrest in a case (Sahiyara PS Case No. 203 of 2025) alleging offences under sections 126(1), 115(2), 117(2), 109(1), 352 and 3(5) of the Indian Penal Code. The prosecution alleged that the petitioner, along with other accused, abused the informant, while the actual assault and injuries were attributed to other co‑accused (Madan Sah, Sajjan Sah, Santlal Kumar). The petitioner argued she was falsely implicated, had no specific allegation of assault against her, and possessed a clean antecedent. The State contended that the petitioner was also alleged to have participated in the assault. Considering the absence of a direct assault allegation against the petitioner, her gender, and the fact that co‑accused Madan Sah had already obtained anticipatory bail, the court ordered her release on bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the CrPC.
Issues considered
- Whether bail can be granted to the petitioner in the absence of a specific allegation of assault against her.
- Whether the petitioner’s gender and clean antecedent justify bail under Section 482(2) of the CrPC.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482(2)
- Indian Penal Code — s. 109(1), 115(2), 117(2), 126(1), 352
Subjects
- bail
- anticipatory bail
- assault
- co‑accused
- gender
- Section 482
- Indian Penal Code
- Criminal Procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.13882 of 2026
Arising Out of PS. Case No.-203 Year-2025 Thana- SAHIYARA District- Sitamarhi
======================================================
Sarswati Devi @ Sita Devi Wife of Sajjan Sah Resident of Village - Maudah,
P.S.- Sahiyara, District - Sitamarhi.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Birendra Kumar, Adv.
For the Opposite Party/s : Mr.Ajay Kumar No. 2, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ARUN KUMAR JHA
ORAL ORDER
2 18-03-2026 Heard learned counsel for the petitioner and learned
APP for the State.
02. In the present case, the petitioner is apprehending
his arrest in connection with Sahiyara P.S. Case No. 203 of 2025
registered for the alleged offences under Section 126(1), 115(2),
117(2), 109(1), 352, 3(5) of the BNS.
03. As per prosecution case, the informant entered into
an altercation with coaccused Madan Sah in the background of
their previous dispute. Thereafter, petitioner and other coaccused
persons came, abused and assaulted the informant on his right
hand causing its fracture. The informant and his family members
received injuries in this assault.
04. Learned counsel for the petitioner submits that the
petitioner is innocent and has been falsely implicated in this case.
Patna High Court CR. MISC. No.13882 of 2026(2) dt.18-03-2026
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There is no allegation of assault against this petitioner as she has
been named along with a number of coaccused persons for abusing
the informant. Learned counsel further submits that only allegation
against the petitioner is that she and other coaccused persons
abused the informant. The allegation of assault and causing
injuries is against other coaccused persons namely Madan Sah,
Sajjan Sah and Santlal Kumar. The coaccused Madan Sah has been
granted anticipatory bail vide order dated 27.02.2026 passed in Cr.
Misc. No. 9606 of 2026. The case of the petitioner is on much
better footing and she has clean antecedent.
05. Learned A.P.P. for the State opposes the submission
made on behalf of the learned counsel for the petitioner. Learned
A.P.P. submits that there is allegation against the petitioner and
other coaccused persons for assaulting the informant and his
family members.
06. Having regard to the facts and circumstances and
submission made on behalf of the parties and considering the
petitioner is a lady and there is no specific allegation of assault
against the petitioner, let the petitioner above named, in the event
of his arrest or surrender before the court concerned within a
period of eight weeks from today, be released on bail, on
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand Only)
each with two sureties of the like amount each to the satisfaction
Patna High Court CR. MISC. No.13882 of 2026(2) dt.18-03-2026
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of Court of learned JMFC, Sitamarhi in connection with Sahiyara
P.S. Case No. 203 of 2025, subject to the condition laid down
under Section 482(2) of the B.N.S.S. and other following
conditions:
(i) One of the bailors will be a
close relative of the petitioner.
(ii) The petitioner will remain
present on each and every date
fixed by the court below, if so
required by the learned trial
court.
(Arun Kumar Jha, J)
Anuradha/-
U T
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