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Patna High Court

Parmila DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The anticipatory bail application for Sawan Kumar is dismissed as withdrawn.

Summary

The petitioners, Parmila Devi and her son Sawan Kumar, were implicated in a property dispute involving alleged assault and abuse over sand kept in a house. An anticipatory bail application was filed for Sawan Kumar, who was subsequently arrested. The petitioners' counsel withdrew the anticipatory bail application for Sawan Kumar, and the court allowed the withdrawal, dismissing the application. The court also considered granting anticipatory bail to Parmila Devi, directing that if she is arrested within six weeks, she may be released on bail with a bond of Rs.10,000 and two sureties, subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. The State opposed the bail, but the court's order primarily addressed the withdrawal of Sawan Kumar's bail application.

Issues considered

  • Whether anticipatory bail should be granted to Sawan Kumar in the assault case
  • Whether anticipatory bail should be granted to Parmila Devi under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita
  • Applicability of the provisions of the Bhartiya Nyaya Sanhita to the alleged offences

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • property dispute
  • bail bond
  • Section 482
  • Bhartiya Nyaya Sanhita
  • Bhartiya Nagrik Suraksha Sanhita

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.23898 of 2026
                       Arising Out of PS. Case No.-31 Year-2026 Thana- HALSI District- Lakhisarai
                 ======================================================
           1.     Parmila Devi Wife of Ratan Yadav Resident of village- Baghaur, P.S- Halsi,
                  District- Lakhisarai.
           2.     Sawan Kumar Son of Ratan Yadav Resident of village- Baghaur, P.S- Halsi,
                  District- Lakhisarai.
                                                                            ... ... Petitioners
                                                Versus
                 The State of Bihar
                                                                      ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sheo Nandan Prasad
                 For the Opposite Party/s :        Mr.Sunil Kumar Pandey
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   22-04-2026                  Learned counsel for the petitioners prays for

                   withdrawal of the present anticipatory bail application with

                   respect to petitioner No.2, namely, Sawan Kumar, who has since

                   been arrested.

                                2. Prayer is allowed.

                                3. This application with respect to petitioner No.2,

                   namely, Sawan Kumar, accordingly stands dismissed as

                   withdrawn.

                                4.     Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                     5. This application for anticipatory bail arises out

                   of Halsi P.S. Case No. 31 of 2026 for the offence punishable

                   under Sections 126(2), 115(2), 109(1), 352, 351(2), 3(5) of the
Patna High Court CR. MISC. No.23898 of 2026(2) dt.22-04-2026
                                            2/3




          Bhartiya Nyaya Sanhita.

                          6. As per the allegation, on the question of keeping

          of sand in the house, petitioner No. 1 started abusing, thereafter,

          it is alleged that Sawan Kumar and Ratan Yadav came out of the

          house and started assaulting the informant. It has been further

          alleged that co-accused Ratan Yadav assaulted upon the head of

          the informant by means of iron rod injuring him. Thereafter, it

          has been alleged that Sawan Kumar assaulted by means of lathi

          on the hand, resulting into severe pain. It is also alleged that

          upon alarm being raised by the informant, other family members

          of the informant came out of the house and they too were

          assaulted badly.

                          7. Learned counsel for the petitioners submits that

          the petitioner No.1 is a lady and there is no allegation of assault

          against her although there is allegation of abusing against her.

          The specific allegation of assault is against co-accused Ratan

          Yadav and Sawan Kumar. It has further been submitted that the

          present allegation has been levelled in the backdrop of the

          property dispute between the parties.

                          8. Learned counsel for the State opposed the prayer

          of anticipatory bail of the petitioner.

                       9. Heard the parties and perused the record.
          Patna High Court CR. MISC. No.23898 of 2026(2) dt.22-04-2026
                                                      3/3




                    Considering the facts and circumstances, let the petitioner above

                    named, in the event of her arrest/surrender within six weeks

                    from today in the Court below, be released on bail on furnishing

                    bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of

                    the like amount each to the satisfaction of the learned J.M. 1 st

                    Class, Lakhisarai, in connection with Halsi P.S. Case No. 31 of

                    2026, subject to the conditions as laid down under Section

                    482(2) of the Bhartiya Nagrik Suraksha Sanhita.



                                               (Praveen Kumar, J)
Pawan/-

U     T


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