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Patna High Court

Manju DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court held that anticipatory bail is to be granted to the petitioner under Section 482(2) of the Bharatiya Nyaya Sanhita.

Summary

The Patna High Court heard an application for anticipatory bail filed by Manju Devi (petitioner No.1) after the co‑applicant Bangali Bhagat withdrew his application. Manju Devi, a woman with a clean record, alleged that she was falsely implicated in a violent incident where the informant’s mother and brother were assaulted and the brother later died. The State opposed bail, citing serious offences alleged under multiple sections of the Bharatiya Nyaya Sanhita. The Court considered the petitioner’s claim of false implication, her gender, and the withdrawal of the co‑applicant’s bail request. It granted anticipatory bail to Manju Devi, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS.

Issues considered

  • Whether the petitioner is entitled to anticipatory bail despite allegations under Sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) and 3(5) of the BNSS.
  • Whether the withdrawal of the co‑applicant’s anticipatory bail application affects the petitioner's claim.
  • Whether the petitioner’s alleged false implication and her status as a woman justify the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • women's rights
  • Bharatiya Nyaya Sanhita
  • Section 482
  • criminal law
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18879 of 2026
                        Arising Out of PS. Case No.-299 Year-2025 Thana- AANDAR District- Siwan
                 ======================================================
           1.     Manju Devi W/o- Mukesh Ram Resident of Village - Gopi Patiaon, P.S. -
                  M.H. Nagar, District - Siwan
           2.    Bangali Bhagat S/o- Chandeshwar Bhagat Resident of Village - Saidpura,
                 P.S. - M.H. Nagar, District - Siwan

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Bijay Prakash Singh
                 For the Opposite Party/s :       Ms.Pushpa Sinha.1
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-04-2026               1.    Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                             2.    Learned counsel for the petitioners, after some

                   arguments seeks permission to withdraw the anticipatory bail

                   application with respect to petitioner no. 2, Bangali Bhagat.

                             3.    Permission is accorded.

                             4.    Accordingly, the anticipatory bail application is

                   dismissed as withdrawn with respect to petitioner no. 2, Bangali

                   Bhagat.

                             5.    The petitioner No. 1 apprehends her arrest in a case

                   registered for the offences punishable under Sections 126(2),

                   115(2), 118(1), 109, 303(2), 352, 351(2) and 3(5)                        of the

                   Bharatiya Nyaya Sanhita.
Patna High Court CR. MISC. No.18879 of 2026(2) dt.06-04-2026
                                            2/3




                   6.     Learned counsel for the petitioner submits that

          petitioner no. 1 is a person with clean antecedent and is a

          woman and the informant alleges that his agnates on 13-10-

          2025 at 7 pm came and started abusing, on protest by his mother

          and brother, the accused assaulted them and Vivek stabbed his

          mother causing injury on stomach and stabbed his brother 5-6

          times injuring        him, while petitioner snatched chain of his

          mother and Bangali took out Rs. 5,000/- from his brother’s

          pocket and accused fled when villagers gathered and on

          receiving information, the informant also came and saw his

          mother and brother lying in an injured condition and they were

          brought to hospital, where brother of the informant subsequently

          died during the course of treatment.

                   7.     Learned counsel for the petitioner submits that

          petitioner has been falsely implicated in the instant case by the

          informant with ornamental allegation that she snatched chain of

          the mother of the informant. It is next submitted that petitioner

          came to be implicated only with a view to coerce Vivek into

          submission.

                   8.     Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioner and submits that there is a

          specific allegation against Vivek of stabbing the mother and the
              Patna High Court CR. MISC. No.18879 of 2026(2) dt.06-04-2026
                                                          3/3




                        brother of the informant and the brother of the informant died. It

                        is also submitted that Vivek in presence of the accused persons

                        felt emboldened to commit the occurrence of stabbing leading to

                        death of Ravi, on which learned counsel appearing on behalf of

                        the petitioner reiterates and submits that petitioner is a woman

                        and mother of Vivek and anticipatory bail application of Bangali

                        Bhagat has already been withdrawn.

                                 9.     After hearing the learned counsel for the parties,

                        the petitioner no. 1 above-named, in the event of her arrest or

                        surrender within a period of six weeks from today, be released

                        on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

                        (Rupees Ten Thousand) with two sureties of the like amount

                        each to the satisfaction of the learned trial court where the case

                        is pending/successor court in connection with Aandar P.S. Case

                        No. 299 of 2025 subject to the conditions as laid down under

                        Section 482 (2) of the BNSS.



                                                  (Satyavrat Verma, J)
Sumit/-

U         T


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