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Patna High Court

Dewanti Devi @ Dewani DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to specified conditions.

Summary

The petitioners, four women related to the deceased husband of the first petitioner, sought anticipatory bail in connection with FIR No. 313 of 2025 filed under multiple sections of the Indian Penal Code for alleged assault and homicide. The informant alleged that the petitioners' relatives assaulted him and his father over a land dispute, leading to the death of the husband. The petitioners contended that they had no role in the incident and that the FIR was filed by the informant, not against them. The State opposed the bail, asserting their involvement. The Court, noting the petitioners' gender, lack of direct participation, and the circumstances of the husband's death, granted anticipatory bail with stringent conditions, including bond, sureties, cooperation with investigation, and non‑interference with witnesses.

Issues considered

  • Whether anticipatory bail under CrPC Section 438 can be granted to the petitioners despite the FIR containing serious offences under the IPC.
  • Whether the petitioners, being women and allegedly not directly involved, are entitled to bail.
  • Whether the conditions imposed by the Court are appropriate and sufficient to safeguard the investigation.

Legislation cited

Subjects

  • anticipatory bail
  • Indian Penal Code
  • Criminal Procedure Code
  • section 438
  • FIR
  • assault
  • murder
  • women petitioners
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.17422 of 2026
                 Arising Out of PS. Case No.-313 Year-2025 Thana- PAKRIDAYAL District- East Champaran
                 ======================================================
           1.     Dewanti Devi @ Dewani Devi Wife of Late Ajay Sahani Resident of
                  Village- Banarjhula Bhagwanpur Ps -Pakari Dayal Dist -East Champaran
           2.    Dipiya Devi Wife of Bindeshwar Sahani @ Bindeshwari Sahani Resident of
                 Village- Banarjhula Bhagwanpur Ps -Pakari Dayal Dist -East Champaran
           3.    Tetri Devi Wife of Ramji Sahani Resident of Village- Banarjhula
                 Bhagwanpur Ps -Pakari Dayal Dist -East Champaran
           4.    Nidhi Kumari Daughter of Late Ajay Sahani Resident of Village- Banarjhula
                 Bhagwanpur Ps -Pakari Dayal Dist -East Champaran


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


                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s      :      Mr. Dhurendra Kumar, Advocate
                 For the State             :      Mr. Surendra Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
                                       ORAL ORDER

2   25-03-2026                          Heard Mr. Dinesh Prasad Verma, learned counsel

                   for the petitioner and learned APP representing the State as also

                   learned counsel representing the informant.

                                 2. The petitioners are apprehending their arrest in

                   connection with Pakaridayal P.S. Case No. 313 of 2025

                   registered for the offence under Sections 191(2), 191(3), 190,

                   126(2), 115(2), 329(3), 118(1), 125(a), 117(2), 303(2), 324(4)

                   and 109 of the B.N.S., lodged on 28.06.2025 by the informant,

                   Navalkishore Sahni.

                                 3. As per the prosecution story, the informant alleged
Patna High Court CR. MISC. No.17422 of 2026(2) dt.25-03-2026
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          that on the dispute of building a house on the land of the

          informant, the attack took place and the allegation is that Ramji

          Sahni, Bindeshwar Sahni and others gave Lathi/Farsa blow

          causing injury to the informant as also his father. This led to the

          F.I.R.

                       4. Learned counsel for the petitioners submit that this

          F.I.R. is of 28.06.2025 for an occurrence of 26.06.2025.

          Actually, on 27.06.2025, the petitioners side lodged the F.I.R.

          alleging that due to assault by the informant side, the husband of

          the petitioner no.1 succumbed to the injuries (Annexure-2 to the

          petition.) Further submission is that all the four petitioners are

          ladies having no role to play in the matter.

                       5. The informant is appearing and oppose the prayer

          submitting that though not directly, these petitioner was also

          involved in the occurrence.

                       6. Considering the submissions of the parties as also

          the the facts that has emerged which include the death of the

          husband of the petitioner no.1 as recorded above, all the

          petitioners are ladies, shall be facing the trial, in that

          background, this Court is inclined to extend them the privilege

          of anticipatory bail.

                       7. Let the petitioners be released on bail in the event
Patna High Court CR. MISC. No.17422 of 2026(2) dt.25-03-2026
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          of arrest or surrender within a period of four weeks from the

          receipt of this order, on furnishing bail bond of Rs. 10,000/-

          (Ten thousand) each with two sureties of like amount each to the

          satisfaction of           learned Chief Judicial Magistrate, East

          Champaran, Motihari, in connection with Pakaridayal P.S. Case

          No. 313 of 2025 subject to the following conditions:-

                       (i) one of the bailor should be the family

          member/relative of the petitioners who shall provide official

          document (Aadhar Card/Voter Id/Driving License/Pan Card) to

          show his/her bona fide;

                       (ii) the petitioners shall be appearing before the Police

          Station as and when required for cooperating in the

          investigation;

                       (iii) the petitioners shall appear on each and every

          date before the Trial Court and failure to do so for two

          consecutive       dates     without      plausible   reason   will   entail

          cancellation of his/her bail bond by the Trial Court itself;

                       (iv) the petitioners shall in no way try to induce or

          promise or threat the witnesses or tamper with the evidences,

          failing which the State shall be at liberty to take steps for

          cancellation of the bail bonds;

                       (v) the petitioners shall desist from committing any
            Patna High Court CR. MISC. No.17422 of 2026(2) dt.25-03-2026
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                      criminal offence again, failing which the State shall be at liberty

                      to take steps for cancellation of bail bonds.



                                                     (Rajiv Roy, J)
vinayak/-

U      T


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