Patna High Court
Punita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
Bail was granted to the petitioner subject to conditions, as there was no specific allegation of assault against her and she has a clean antecedent.
Summary
Punita Devi, the wife of co-accused Ram Prasad Sahani, was arrested in connection with a violent assault case (PS Case No. 522 of 2025) under Sections 103(1) read with 3(5) of the Bharatiya Nyay Sanhita, 2023. The FIR details an attack on Rajesh Kumar Sahani by several male relatives, but does not specifically allege any assault by the petitioner. She has been in custody since 13 February 2026 and claims a clean criminal record. The prosecution opposed bail, while her counsel argued that she was falsely implicated and no specific charge of assault was made against her. The court, noting the absence of a direct allegation and her clean antecedent, granted bail on a Rs.10,000 bond with two sureties and imposed standard conditions for cooperation, non‑tampering with evidence, and verification of antecedents.
Issues considered
- Whether bail should be granted to a co‑accused who has no specific allegation of assault against her in the FIR.
- Whether the petitioner’s clean antecedent and lack of direct charge justify release on bail under the Bharatiya Nyay Sanhita, 2023.
Legislation cited
- Bharatiya Nyay Sanhita, 2023 — s. 103(1), 3(5)
Subjects
- bail
- assault
- criminal procedure
- Bharatiya Nyay Sanhita
- clean antecedent
- co‑accused
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.25413 of 2026
Arising Out of PS. Case No.-522 Year-2025 Thana- MADHUBANI TOWN District-
Madhubani
======================================================
Punita Devi W/O Sri Ram Prasad Sahani R/O Village- Khajuri (Navtoli), P.S.-
Madhubani Town, Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Murari Narain Chaudhary, Advocate
For the Opposite Party/s : Mr. Ram Sevak Choudhary, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 16-04-2026 Heard Mr. Murari Narain Chaudhary, learned
counsel for the petitioner as well as Mr. Ram Sevak Choudhary,
learned Additional Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
13.02.2026 in connection with Madhubani Town P.S. Case No.
522 of 2025 G.R. No. 2957 of 2025, F.I.R. dated 24.11.2025 for
the offences punishable under Sections 103(1) read with Section
3(5) of the Bharatiya Nyay Sanhita, 2023.
3. According to prosecution case, On 23.11.2025 at
about 05:30 in the evening, Hari Sahani came at the shop of
Rajesh Kumar Sahani and asked for ten puriya shikhar.
Informant's son said him to pay the dues then only he will give
the article. Informant was cutting the grass near the shop and his
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wife was also there. In the meanwhile, informant heard the hot
talk and went at the shop and said Hari Sahani to go from the
shop. Hari Sahani went from the shop and after some time, he
along with Indal Sahani, Baijnath Sahani, Fulo Devi, wife of
Ram Prasad Sahani all came at the shop and started abusing
Rajesh Kumar Sahani. On protest by informant and his wife,
Indal Sahani and Baijnath Sahani pushed them and they both
inflicted knife blow in abdomen and chest of Rajesh Kumar
Sahani, due to which he fell down. Other accused persons also
assaulted him with lathi danda, fists and slaps. Indal Sahani
again assaulted Rajesh Kumar Sahani on his testicles by leg. On
hulla nearby people came then accused persons flee away.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. Although petitioner is named in
the FIR but from bare perusal of the FIR it appears that there is
no specific allegation of assault against the petitioner. The
specific allegation of assault is against the co-accused persons,
namely, Hari Sahani, Indal Sahani and Baijnath Sahani. The
petitioner is the wife of the co-accused, Ram Prasad Sahni so
she has been made accused in the present case. He further
submits that the police after investigation submitted the charge
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sheet against the petitioner and the petitioner is in custody since
13.02.2026.
5. The learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent and there is no specific
allegation of assault against the petitioner, let the petitioner,
above named, 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 C.J.M., Madhubani / In
charge Successor Court in connection with Madhubani Town
P.S. Case No. 522 of 2025 / G.R. No. 2957 of 2025, subject to
the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
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verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
atul/-
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