Patna High Court
Kushami devi @ Kusami DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The court granted anticipatory bail because the petitioner was not named in the FIR and there was no material showing her participation in the alleged offences.
Summary
The petitioner, Kushami Devi, sought anticipatory bail fearing arrest in a case registered under IPC sections 143, 342, 307, 323 and 379. The prosecution alleged that an informant’s fishing net was taken by accused persons and that the informant was assaulted when he approached them; the petitioner was not named in the FIR and the only material against her was that she was holding the informant’s hand. The petitioner’s counsel argued she had committed no offence, while the State opposed the bail. The court examined the lack of any overt act or specific accusation against the petitioner and, considering the general nature of the allegations, allowed the anticipatory bail. The order directed that if arrested within eight weeks, the petitioner be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the CrPC.
Issues considered
- Whether anticipatory bail can be granted to the petitioner in view of the allegations and lack of specific charges against her.
- Whether the petitioner’s alleged act of merely holding the informant’s hand constitutes participation in the offences alleged in the FIR.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 143, 307, 323, 342, 379
Subjects
- anticipatory bail
- Indian Penal Code
- Criminal Procedure Code
- Section 482
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19925 of 2026
Arising Out of PS. Case No.-444 Year-2020 Thana- GOVINDGANJ District- East
Champaran
======================================================
Kushami devi @ Kusami Devi Wife of Shambhu Sah Resident of Village -
Sareya Pipra, P.S. - Govindganj, District - East Champaran, Bihar.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner : Mr. Sanjay Kumar Tiwari, Advocate
For the State : Mr. Nirmal Kumar Sinha, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-04-2026 Heard learned counsel appearing on behalf of the
petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends her arrest in a case
registered for the offence punishable under Sections 143, 342,
307, 323 and 379 of the Indian Penal Code.
3. As per prosecution case, on 25.10.2020 at about 6
PM, informant came to know that his fishing net has been taken
away by F.I.R. named accused persons and when he went to the
house of the accused persons to ask for the same, he was abused
and assaulted.
4. It is submitted by learned counsel appearing on
behalf of the petitioner that petitioner is quite innocent and has
committed no offence. Petitioner is not named in the F.I.R..
Patna High Court CR. MISC. No.19925 of 2026(2) dt.08-04-2026
2/2
Name of petitioner transpired during investigation and the only
material that has come against this petitioner is that she was
holding hand of the informant. Save and except the same, there
is no other accusation of any overt act against this petitioner.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioner.
6. Considering the facts and circumstances of the case
and general and omnibus nature of accusation, the prayer for
grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
petitioner be enlarged on bail on furnishing bail-bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Chief Judicial Magistrate,
East Champaran, Motihari in connection with Govindganj P.S.
Case No. 444 of 2020, subject to condition as laid down under
Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J)
shashank/-
U T
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