Patna High Court
Naina Devi @ Sunaina DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- ASHOK KUMAR PANDEY
Holding
The Court granted bail to the petitioner, directing her to furnish a bail bond of Rs. 10,000 with two sureties.
Summary
Naina Devi, the wife of Tulsi Yadav, applied for bail in a case (Barari P.S. Case No. 283 of 2025) where she was alleged to have participated in an armed assault on the informant's father‑in‑law. The prosecution alleged that she, along with several others, assaulted Sibu Yadav, invoking multiple sections of the B.N.S. The petitioner contended she was merely a member of the mob, had no direct involvement, no criminal antecedent, and had been in judicial custody since 10‑09‑2025. The State opposed bail. After hearing both sides, the Court found insufficient grounds to deny bail and ordered her release on a bail bond of Rs. 10,000 with two sureties. The bail was granted subject to compliance with the conditions prescribed by the learned Chief Judicial Magistrate, Katihar.
Issues considered
- Whether the petitioner, alleged to be a member of the mob, is entitled to bail despite the serious nature of the offences charged.
- Whether the absence of a specific overt act by the petitioner justifies granting bail.
Legislation cited
- B.N.S. — s. 103(2), 109, 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352, 74
Subjects
- bail
- criminal procedure
- assault
- false implication
- mob participation
- judicial custody
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.22921 of 2026
Arising Out of PS. Case No.-283 Year-2025 Thana- BARARI District- Katihar
======================================================
Naina Devi @ Sunaina Devi, Wife of Tulsi Yadav, R/O- Rounia, Ward No.-
03, P.S.- Barari, Distt.- Katihar
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjeev Kumar Singh, Advocate
For the Opposite Party/s : Mr. Manoj Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE ASHOK KUMAR PANDEY
ORAL ORDER
2 07-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner has prayed for bail in connection
with Barari P.S. Case No. 283 of 2025 registered for the offence
punishable under Sections 126(2), 115(2), 117(2), 118(1), 74,
352, 351(2) and 3(5) of B.N.S. and later on Section 109 and
103(2) added.
3. The case of the prosecution, in short, is that the
petitioner along with others being armed with weapon assaulted
the father-in-law of the informant. It is alleged that Tulsi Yadav,
Suman Yadav, Pradip Yadav and Dilip Yadav have assaulted
Sibu Yadav.
4. Learned counsel appearing on behalf of the
petitioner has submitted that petitioner is innocent and has
Patna High Court CR. MISC. No.22921 of 2026(2) dt.07-04-2026
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committed no offence. Petitioner is a lady and she has been
falsely implicated in this case. The allegation of assault is
against other accused persons. There is no allegation of any
overt act against her. She is only a member of mob. She is
having no criminal antecedent and he is languishing in judicial
custody since 10.09.2025.
5. Learned APP appearing for the State has
vehemently opposed the application for bail.
6. Having heard learned counsel for the parties and
considering the facts and circumstances of the case, this Court is
inclined to enlarge the petitioner on bail. The above named
petitioner is directed to be enlarged on bail on furnishing bail
bond of Rs. 10,000/- (Rs. ten thousand only) with two sureties
of the like amount each to the satisfaction of the learned C.J.M.,
Katihar in connection with Barari P.S. Case No. 283 of 2025.
(Ashok Kumar Pandey, J)
lata/-
U T
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