Patna High Court
Radha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The Court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and conditions under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Summary
Radha Devi was implicated in a case (Baruraj PS Case No.102 of 2025) alleging she participated in an assault on Mukesh Patel that led to his death. The prosecution alleged offences under several sections of the Bihar Nagrik Suraksha Act, while the petitioner claimed innocence, arguing the allegations were vague and that medical evidence showed injuries inconsistent with a neck assault. She sought anticipatory bail, emphasizing her status as a woman and the incident occurring in a heat of passion during a family dispute. The State opposed the bail. The Court considered the nature of the allegations, the medical report, and the statutory provisions governing anticipatory bail. It granted anticipatory bail subject to a bail bond, sureties and conditions under Section 482(2) of the Bharitya Nagrik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail in view of the allegations of assault and homicide.
- Whether the medical evidence and the nature of the allegations justify granting bail.
Legislation cited
- Bharitya Nagrik Suraksha Sanhita — s. 482(2)
- Bihar Nagrik Suraksha (BNS) — s. 103, 109, 115(2), 118, 190, 191(2), 191(3), 3(5)
Subjects
- anticipatory bail
- assault
- homicide
- medical evidence
- gender
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18458 of 2026
Arising Out of PS. Case No.-102 Year-2025 Thana- BARURAJ District- Muzaffarpur
======================================================
Radha Devi W/o- Subhash Patel Village- Pakri PS- Baruraj District-
Muzaffarpur
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Yugal Kishore, Adv
For the Opposite Party/s : Mr.Raj Ballabh Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
3 18-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The Petitioner is apprehending her arrest in
connection with Baruraj P.S. Case No. 102 of 2025 registered
for the offences punishable under Sections 191(2), 191(3), 190,
115(2), 118, 103, 109 and 3(5) of the BNS.
3. As per the prosecution case, the accused persons
along with petitioner assaulted upon the neck of Mukesh Patel
due to which he got injured, after which, the said Mukesh Patel
was taken to government hospital and subsequently referred to
SKMCH, Muzaffarpur for better treatment, and in course of
which he died.
4. Learned counsel for the petitioner has submitted
that the petitioner is innocent and has falsely been implicated in
this case. It has further been submitted that the petitioner is a
women, and that the allegations of assault against her is general
and omnibus in nature. It has further been submitted that the
Patna High Court CR. MISC. No.18458 of 2026(3) dt.18-05-2026
2/2
post-mortem report goes to show that there were two stitched
wounds on the deceased. The medical opinion suggests that
injuries were caused by hard and blunt substance, which is
totally inconsistent with the allegations levelled. It has also been
submitted that the alleged occurrence took place in a heat of
passion, and spur of the moment, as a result of family dispute.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Considering the aforesaid facts and circumstances
of the case as well as the nature of allegation against the
petitioner, let the above named petitioner, in the event of her
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail 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 court concerned,
in connection with Baruraj P.S. Case No. 102 of 2025, subject to
the conditions as laid down under Section 482(2) of the Bharitya
Nagrik Suraksha Sanhita (B.N.S.S.)
7. This application stands allowed.
niku/sahil- (Praveen Kumar, J)
U T
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