Patna High Court
Manju DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2)
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
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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
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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
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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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