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Patna High Court

Radha DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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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