Patna High Court
Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioners subject to conditions under Section 482(2) of the Bharatiya Nyaya Sanhita.
Summary
Sunita Devi and Motijharo Devi, both women with clean antecedents, filed a petition fearing arrest in a case registered under several sections of the Bharatiya Nyaya Sanhita. They contended that the informant had falsely implicated them to pressure their husbands, and that the FIR did not specifically allege any assault by them. The State opposed the grant of anticipatory bail. The Court examined whether the petitioners were likely to be arrested on the basis of the FIR and whether anticipatory bail could be granted under Section 482(2) of the BNSS. Considering the lack of specific allegations and the petitioners' clean record, the Court ordered that, if arrested or surrendered within six weeks, they be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions. The order reflects the Court's discretion to prevent undue harassment while ensuring compliance with bail conditions.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the Bharatiya Nyaya Sanhita for the offences alleged in the FIR.
- Whether the petitioners have been specifically implicated in the FIR or are falsely implicated to coerce their husbands.
- Whether the conditions imposed under Section 482(2) of the BNSS are appropriate for granting anticipatory bail.
Legislation cited
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 3(5), 351(2)(3), 352, 482(2)
Subjects
- anticipatory bail
- false implication
- criminal procedure
- Bharatiya Nyaya Sanhita
- Section 482
- women's rights
- FIR
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18888 of 2026
Arising Out of PS. Case No.-5 Year-2026 Thana- BUXAR MUFFSIL District- Buxar
======================================================
1. Sunita Devi W/O Bhuar Bin @ Bhuvan Bin R/O Village- Jarigawa, P.S-
Buxar Muffasil, Distt.- Buxar.
2. Motijharo Devi @ Majharia Devi W/O Prakash Bin @ Prakash Kumar Bin
R/O Village- Jarigawa, P.S- Buxar Muffasil, Distt.- Buxar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rang Nath Choubey
For the Opposite Party/s : Mr.Anil Kumar
======================================================
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. The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126(2), 115(2),
117(2), 109, 352, 351(2)(3) and 3(5) of the Bharatiya Nyaya Sanhita.
3. Learned counsel for the petitioners submits that the
petitioners are persons with clean antecedent and are women and the
informant alleges that accused persons including the petitioners on 1-
1-2026 at 7 pm, came and started abusing on the pretext that his her
cousin acts like a hero and Brij Bihari assaulted Khakmiu twice by
Rama causing injury on head, while Bhuar assaulted Indrajit by
Rama on head and Pappu assaulted Bablu by Rama on chest and
head, further Angrahit assaulted her on head.
Patna High Court CR. MISC. No.18888 of 2026(2) dt.06-04-2026
2/2
4. Learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the allegations as
alleged in the FIR, it would manifest that no specific allegation of
assault is alleged against the petitioners and they came to be
implicated only with a view to coerce their husbands into
submission, as husband of petitioner no. 1 is alleged to have
assaulted Indrajit on head by Rama.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioners.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners above-named, in the event
of their 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) each 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 Buxar (Muffasil)
P.S. Case No. 05 of 2026, subject to the conditions as laid down
under Section 482 (2) of the BNSS.
(Satyavrat Verma, J)
Sumit/-
U T
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