Patna High Court
Nutan Devi @ Nutan KumariversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court granted anticipatory bail to the petitioner subject to the conditions specified under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Petitioner Nutan Devi, wife of Raj Gupta, sought anticipatory bail fearing arrest in a case (PS Sahebpur Kamal Case No.15 of 2026) filed under Sections 115(2), 126(2), 118(1), 109(1), 352 and 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The prosecution alleged that she and her husband assaulted the informant with a stick, intending to kill him, causing a head injury. The petitioner contended she was falsely implicated, that the specific allegation was against her husband, and highlighted her clean antecedent and willingness to cooperate. The State opposed the anticipatory bail. Considering the nature of the allegation, the petitioner’s clean record, and the lack of material directly against her, the Court granted anticipatory bail, directing release on a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the same Act, if arrested within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the serious charges under the Bharatiya Nagarik Suraksha Sanhita, 2023.
- Whether there is sufficient material to justify denial of bail to the petitioner.
- Whether Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 permits the grant of anticipatory bail in the present circumstances.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 118(1), 126(2), 3(5), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- false implication
- clean antecedent
- Section 482
- bail conditions
- assault
- attempted homicide
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20902 of 2026
Arising Out of PS. Case No.-15 Year-2026 Thana- SAHEBPUR KAMAL District- Begusarai
======================================================
Nutan Devi @ Nutan Kumari wife of Raj Gupta Resident of village
-Pachveer, Ward no 3, Police Station- Sahebpur Kamal (S. Kamal) District
-Begusarai
... ... Petitioner/s
Versus
The State of Bihar. ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvottam Kumar, Advocate.
For the Opposite Party/s : Mr. Mohammad Sufyan, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 18-04-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends his arrest in connection
with Sahebpur Kamal (S.Kamal) P.S. Case No.15 of 2026
instituted under Sections 115(2), 126(2), 118(1), 109(1), 352,
3(5) of the B.N.S., 2023.
3. As per the prosecution case, the informant has
alleged that one Raj Kumar alongwith his wife (petitioner) came
and started abusing him and after some time he assaulted him by
Kudal with intention to kill, due to which he sustained head
injury and became unconscious. Thereafter he was taken away to
the hospital by his family members.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this case.
He further submits that there is no specific allegation against the
petitioner, rather the specific allegation is against co-accused Raj
Kumar. Learned counsel submits that the injury to the injured is
Patna High Court CR. MISC. No.20902 of 2026(2) dt.18-04-2026
2/2
simple in nature. He further submits that there is no material
against the petitioner to implicate her in the present case.
Learned counsel submits petitioner is a women, having got clean
antecedent and she undertakes to cooperate in the investigation
and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case,
submissions of learned counsel for the parties and the nature of
allegation leveled against the petitioner as well as her clean
antecedent, in the event of arrest or surrender before the Court
below within six weeks from today, the petitioner be released on
bail upon furnishing bail bonds of Rs.10,000/- (Rupees Ten
Thousand) with two sureties of the like amount to each to the
satisfaction of the learned Sub Judge-IV-cum-AC.J.M.-IV,
Begusarai/ concerned Court in connection with Sahebpur Kamal
(S.Kamal) P.S. Case No.15 of 2026, subject to the conditions laid
down in Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
U T
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