Patna High Court
Baby Devi @ Bodhi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner subject to surrender within eight weeks and furnishing a bail bond with sureties.
Summary
The petitioner, Baby Devi, sought anticipatory bail after being implicated in a FIR alleging assault with an iron rod and threats of killing, under several sections of the Bharatiya Nyaya Sanhita. She claimed innocence, a clean antecedent, and that the injury caused was simple. The State opposed the bail application. The Court considered the nature of the accusations, the petitioner’s background, and the statutory provisions governing anticipatory bail. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, the Court granted anticipatory bail, directing that if arrested she must surrender within eight weeks and furnish a bail bond of Rs.10,000 with two sureties. The order was subject to the conditions laid down by the Chief Judicial Magistrate, Gaya.
Issues considered
- Whether the petitioner is entitled to anticipatory bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the serious nature of the allegations.
- Whether the petitioner’s clean antecedent and the simple nature of the alleged injury justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- criminal law
- assault
- section 482
- clean antecedent
- bail bond
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20334 of 2026
Arising Out of PS. Case No.-791 Year-2025 Thana- BODHGAYA District- Gaya
======================================================
Baby Devi @ Bodhi Devi Wife of Ishwar Manjhi Resident of Village-
Mastpura, P.S.- Bodhgaya, Dist.- Gaya
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pushp Raj Singh, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 08-04-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 126(2), 115(2), 117(2),
109, 352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., this petitioner is alleged to have illicit
relation with brother-in-law of the informant and on 26.11.2025,
when brother-in-law of the informant was caught with this
petitioner, she assaulted informant by iron rod and threatened to
kill and lodge a case against him.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Injury
caused by this petitioner is simple. Petitioner is lady and claims
clean antecedent.
Patna High Court CR. MISC. No.20334 of 2026(2) dt.08-04-2026
2/2
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of her 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) with two sureties of the like
amount each to the satisfaction of learned Chief Judicial
Magistrate, Gaya in connection with Bodhgaya P. S. Case No.
791 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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