Patna High Court
Radha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
The Court granted anticipatory bail to the petitioners subject to conditions under Section 482(2) of the CrPC.
Summary
The petitioners, three women, applied for anticipatory bail in a case registered under Sections 143, 447, 341, 323, 379 and 504 of the Indian Penal Code relating to an alleged assault on 17 May 2022. Their counsel argued that they have clean antecedents, are falsely implicated, and that the FIR contains only vague, omnibus allegations against them. The State opposed the bail, contending that the offences are serious. The Court examined the nature of the allegations and the petitioners' background, and concluded that there is insufficient specific evidence to justify denial of bail. Accordingly, the Court ordered that the petitioners be released on anticipatory bail upon furnishing bail bonds of Rs.10,000 each with two sureties, subject to conditions under Section 482(2) of the CrPC. The application was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners despite the FIR alleging offences under Sections 143, 447, 341, 323, 379 and 504 IPC.
- Whether the allegations against the petitioners are specific enough to deny bail.
- Whether the petitioners pose a risk of fleeing, tampering with evidence or influencing witnesses.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 143, 323, 341, 379, 447, 504
Subjects
- anticipatory bail
- false implication
- women
- IPC offences
- Section 482 CrPC
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23111 of 2026
Arising Out of PS. Case No.-428 Year-2022 Thana- AHIYAPUR District- Muzaffarpur
======================================================
1. Radha Devi W/O Late Paltu Rai R/O Village- Bhagwatipur, P.S- Ahiyapur,
Dist.- Muzaffarpur.
2. Radha Devi W/O Late Paltu Rai R/O Village- Bhagwatipur, P.S- Ahiyapur,
Dist.- Muzaffarpur.
3. Rinju Devi W/O Triveni Ray R/O Village- Bhagwatipur, P.S- Ahiyapur,
Dist.- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Hans Lal Kumar
For the Opposite Party/s : Dr.Mrityunjaya Kr.Gautam
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
3 22-04-2026 1. Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners seek bail in anticipation of their arrest
in a case registered for the offences punishable under Sections
143, 447, 341, 323, 379 and 504 of the Indian Penal Code.
3. The learned counsel for the petitioners submits that
the petitioners are persons with clean antecedent and are women
and the informant alleges that on 17.5.2022 at 9.00 P.M., five
named accused persons including the petitioners came on account
of dispute which had arisen in between the children and started
abusing. On objection, all accused assaulted him by lathi, danda
and bricks causing injury on head and Ashok Rai took out of
Patna High Court CR. MISC. No.23111 of 2026(3) dt.22-04-2026
2/2
Rs.20,000/- and when people gathered accused fled.
4. The learned counsel for the petitioners submits that
petitioners have been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the allegations
as alleged in the FIR, it would manifest that no specific allegation
of assault is alleged against the petitioners rather the allegation
against them are general and omnibus in nature.
5. Learned A.P.P. opposes the anticipatory bail
application.
6. Considering the submissions made by the learned
counsel for the petitioners, the petitioners, above-named, in the
event of their arrest or surrender before the learned Court below
within a period of six weeks, are directed to be released on
anticipatory bail on their furnishing bail-bonds in the sum of Rs.
10,000/- (Rupees Ten Thousand) each with two sureties of the like
amount each to the satisfaction of the learned Trial Court where
the case is pending/successor Court in connection with Ahiyapur P.
S. Case No.428 of 2022, subject to the conditions laid down under
Section 482(2) of the B.N.S.
7. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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