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Patna High Court

Punam DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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