Patna High Court
Dewanti Devi @ Dewani DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
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
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 109, 115(2), 117(2), 118(1), 125(a), 126(2), 190, 191(2), 191(3), 303(2), 324(4), 329(3)
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
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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
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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
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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
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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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