Patna High Court

Sonmatiya DeviversusThe State of Bihar

Decided: 22 April 2026
Disposal: BAIL GRANTED
Bench: PARTHA SARTHY

Holding

The Court granted anticipatory bail to both petitioners subject to a bail bond and sureties.

Summary

The petitioners, two women named Sonmatiya Devi and Rani Kumari, applied for anticipatory bail fearing arrest in a case (Gurpa P.S. Case No. 88 of 2025) involving alleged assault, theft of a mobile phone, gold ornaments, cash and damage to a motorcycle. The prosecution alleged that the petitioners, along with others, assaulted an informant and committed robbery. The petitioners contended that they were falsely implicated, the allegations were vague, and they had no criminal record, offering to cooperate with the investigation. The State opposed the bail. Considering the petitioners' gender, lack of antecedent, and the general nature of the accusations, the Court directed that they be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties each, subject to surrender within four weeks.

Issues considered

Whether anticipatory bail should be granted to the petitioners despite the serious charges under the Bharatiya Nyaya Sanhita.
Whether the allegations against the petitioners are sufficient to deny bail.
Whether the petitioners pose a risk of fleeing, tampering with evidence, or influencing witnesses.

Legislation cited

Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 127(2), 190, 191(2), 191(3), 303(2), 324(4), 333, 352, 74

Subjects

anticipatory bail
false implication
women accused
Bharatiya Nyaya Sanhita
criminal procedure
theft
assault

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24904 of 2026
                          Arising Out of PS. Case No.-88 Year-2025 Thana- Gurupa District- Gaya
                 ======================================================
           1.    Sonmatiya Devi Wife of Late Hari Pujan Turiya. R/O Village - Hara Khurha,
                 Police Station- Gurpa, District- Gaya Jee.
           2.    Rani Kumari @ Rani Devi Wife of Anil Turiya. R/O Village - Hara Khurha,
                 Police Station- Gurpa, District- Gaya Jee.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Kamal Kumar Sinha, Advocate
                 For the Opposite Party/s :        Mr. Choubey Jawahar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
                                       ORAL ORDER

2   22-04-2026                  1. Heard learned counsel for the parties.

                                2. The petitioners have preferred this application for

                   grant of anticipatory bail apprehending their arrest in connection

                   with Gurpa P.S. Case no. 88 of 2025 registered under sections

                   191(2), 191(3), 190, 333, 126(2), 127(2), 115(2), 118(1), 109,

                   352, 303(2), 324(4) and 74 of the Bharatiya Nyaya Sanhita,

                   2023.

                                3. As per the prosecution case, the informant states

                   that on the date of occurrence he had gone to the house of

                   Meena Devi to treat her as she was unwell. At this time, it is

                   stated that Anil Turiya and Manish Turiya reached there and

                   started to assault the informant. It is further stated that the eight
Patna High Court CR. MISC. No.24904 of 2026(2) dt.22-04-2026
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          other named accused persons including the two petitioners

          herein also reached there and started to assault the informant

          and others causing injuries. They took away the mobile phone,

          gold ornaments and Rs.5,000/- in cash and caused damage to the

          motorcycle.

                       4. Learned counsel for the petitioners submits that the

          petitioners who are ladies have been falsely implicated in the

          case. The allegations are general and omnibus in nature and they

          have no criminal antecedent. They undertake to cooperate in the

          investigation/trial.

                       5. The application for anticipatory bail is opposed by

          learned A.P.P. for the State.

                       6. Having heard learned counsel for the parties and

          taking into consideration the nature of allegation against the two

          petitioners herein who are ladies, the allegations being general

          and omnibus in nature and the petitioners not having any

          criminal antecedent, it is directed that both the petitioners above

          named, in the event of their arrest or surrender before the

          learned Court below within a period of four weeks, be released

          on anticipatory bail in connection with Gurpa P.S. Case no. 88

          of 2025 on each of them furnishing bail bond of Rs.10,000/-

          (Rupees Ten Thousand) with two sureties of the like amount
           Patna High Court CR. MISC. No.24904 of 2026(2) dt.22-04-2026
                                                       3/3




                     each to satisfaction of the learned Chief Judicial Magistrate,

                     Gaya.



                                                 (Partha Sarthy, J)
sauravkrsinha/-

U      T

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