Patna High Court
Punam DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioners subject to specified conditions.
Summary
The petitioners, three women from Madhepura, sought anticipatory bail fearing arrest in a case under Sections 103(1) and 3(5) of the Bharatiya Nyaya Sanhita relating to the death of an informant's husband. The FIR alleged that co‑accused Raj Kumar Yadav struck the victim with an iron rod, causing a fatal head injury; the petitioners were only mentioned in a vague, omnibus accusation. The post‑mortem report confirmed a single head injury and the petitioners claimed no involvement and clean antecedents. The State opposed bail, but the court noted the specific nature of the assault, lack of direct evidence against the petitioners, and their clean record. Consequently, the court granted anticipatory bail, directing surrender within eight weeks, a bail bond of Rs 10,000 with two sureties, and compliance with Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite a general accusation in the FIR
- Whether the petitioners' alleged involvement warrants pre‑emptive detention
- Whether conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, are applicable
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 103(1), 3(5)
Subjects
- anticipatory bail
- criminal procedure
- assault
- homicide
- clean antecedent
- general accusation
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19609 of 2026
Arising Out of PS. Case No.-337 Year-2025 Thana- MURLIGANJ District- Madhepura
======================================================
1. Punam Devi W/O Rajkumar Yadav R/O Parmanandpur, Ward No.-09, P.S-
Murliganj, Distt.- Madhepura.
2. Guriya Devi W/O Suman Kumar @ Suman Yadav R/O Parmanandpur, Ward
No.-09, P.S- Murliganj, Distt.- Madhepura.
3. Khushbu Devi W/O Bhuwan Yadav R/O Parmanandpur, Ward No.-09, P.S-
Murliganj, Distt.- Madhepura.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar, Advocate
For the Opposite Party/s : Mr. Akshay Lal Pandit, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 05-05-2026 Heard learned counsel for the petitioners and the
State.
2. Petitioners apprehend arrest in a case registered for
the offences punishable under Sections 103(1), 3(5) of the
Bharatiya Nyaya Sanhita.
3. As per F.I.R., co-accused Raj Kumar Yadav
assaulted on the head of the husband of informant with iron rod
and thereafter, all the named accused persons assaulted him as a
result of which, he died on the spot.
4. Learned counsel for the petitioners submits that
petitioners are innocent and have committed no offence.
Patna High Court CR. MISC. No.19609 of 2026(2) dt.05-05-2026
2/2
Specific accusation of assault is against co-accused Raj Kumar
Yadav. Post-mortem report also reveals only one injury, on the
head of the deceased. Allegation against petitioners is general
and omnibus. Police, after investigation, submitted final form
against these petitioners. Petitioners are ladies and claim clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the nature of accusation, post-mortem
report and clean antecedent, this anticipatory bail is allowed and
it is ordered that let the above named petitioners in the event of
their arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) each with two sureties of
the like amount each to the satisfaction of learned Chief Judicial
Magistrate, Madhepura in connection with Murliganj,
Madhepura P. S. Case No. 337 of 2025, subject to condition as
laid down under Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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