Patna High Court
Sarita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
In view of the general and omnibus nature of the accusation and the petitioners’ clean antecedents, anticipatory bail was warranted.
Summary
The petitioners, Sarita Devi and Aarti Kumari, sought anticipatory bail after fearing arrest in a case involving alleged assault and attempted rape by Brajesh Kumar, the co‑accused. The FIR implicated the petitioners only on the basis that they are the mother and wife of Brajesh Kumar, without any specific allegation of an overt act by them. The State opposed the bail, arguing the seriousness of the offences listed under the B.N.S. The court noted the general and omnibus nature of the accusations, the petitioners’ clean antecedents, and the lack of specific charges against them. Consequently, the court granted anticipatory bail, directing that if arrested within eight weeks they be released on a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the B.N.S. The order was pronounced by Justice Prabhat Kumar Singh.
Issues considered
- Whether anticipatory bail can be granted when the accusation against the petitioners is general and omnibus without specific allegation of an overt act.
- Whether the petitioners can be implicated solely on the basis of their relationship with the co‑accused.
- Whether clean antecedents and lack of specific charges justify bail under Section 482(2) of the B.N.S.
Subjects
- anticipatory bail
- general accusation
- clean antecedents
- Section 482
- B.N.S.
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19941 of 2026
Arising Out of PS. Case No.-1 Year-2026 Thana- Vasudeva District- Buxar
======================================================
1. Sarita Devi wife of Late Bhikhar Mahto Resident of village and PO- Rampur
PS -Basudeva District- Buxar
2. Aarti Kumari Wife of Brajesh Kumar Resident of village and PO- Rampur
PS -Basudeva District- Buxar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioners : Mr. Arvind Kumar Pradhan, Advocate
For the State : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-04-2026 Heard learned counsel appearing on behalf of the
petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case
registered for the offence punishable under Sections 126(2),
115(2), 74, 76, 352, 351(2), 351(3) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that on
01.01.2026, co-accused Brajesh Kumar caught the informant
and tried to commit rape. When her father came to rescue, co-
accused Brajesh Kumar abused and assaulted father of
informant. It is further alleged that thereafter, family members
of co-accused Brajesh Kumar, including these petitioners, came,
abused and assaulted mother and father of informant and
Patna High Court CR. MISC. No.19941 of 2026(2) dt.08-04-2026
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threatened them.
4. It is submitted by learned counsel appearing on
behalf of the petitioners that petitioners are quite innocent and
have committed no offence. From bare perusal of the F.I.R. it is
apparent that specific accusation of attempting to commit rape
upon informant is against co-accused Brajesh Kumar.
Petitioners have falsely been implicated in this case merely
because Petitioner No. 1 happens to be mother and Petitioner
No. 2 happens to be wife of co-accused Brajesh Kumar. There is
general and omnibus allegation of abusing and assaulting
parents of informant against these petitioners and no specific
accusation of any overt act has been alleged against them.
Petitioners are ladies and claim clean antecedents.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case, general and omnibus nature of accusation and clean
antecedents of the petitioners, the prayer for grant of
anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within
a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.19941 of 2026(2) dt.08-04-2026
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petitioners 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 C.J.M., Buxar in
connection with Basudeva P.S. Case No. 01 of 2026, 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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