Patna High Court
Rukmini Kumari @ Rukmini DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
Anticipatory bail is appropriate where the allegations arise from a personal dispute, there is no allegation of assault, and the petitioner has no prior criminal record, subject to bond and sureties.
Summary
Rukmini Kumari, an anganwadi sevika, alleged that an anganwadi assistant performed black magic on her daughter and she attempted to smear black soot on the assistant. The State of Bihar registered a case under several sections of the Bihar Narcotic Substances Act and the Prevention of Witch Practices Act, 1999. The petitioner, having no criminal antecedent, feared arrest and applied for anticipatory bail, contending that the allegations stemmed from a personal dispute and that the two‑day delay in filing the FIR was unexplained. The State opposed the bail. The Court, noting the absence of any assault allegation, the personal nature of the dispute, and the petitioner’s clean record, held that anticipatory bail was appropriate, subject to a bond and sureties. Consequently, the Court granted anticipatory bail with a Rs.10,000 bond, two sureties, and a condition to surrender within four weeks.
Issues considered
- Whether anticipatory bail can be granted under Section 438 of the CrPC in offences under the Prevention of Witch Practices Act, 1999 and the Bihar Narcotic Substances Act.
- Whether the two‑day delay in lodging the FIR defeats the grant of anticipatory bail.
- Whether the nature of the allegations warrants arrest without bail.
Legislation cited
- Bihar Narcotic Substances Act, 2023 — s. 115(2), 126(2), 3(5), 351(2), 352, 482(2), 76
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- witchcraft
- Prevention of Witch Practices Act
- Criminal Procedure Code
- personal dispute
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 26457 of 2026
Arising Out of PS. Case No.-3 Year-2026 Thana- MANJHAUL District- Begusarai
======================================================
Rukmini Kumari @ Rukmini Devi W/o- Bablu Kumar @ Bablu roy R/v-
Manjhaul W.No-13, Bichkhanna Tola Ps- Maanjhaul Dist- Begusarai
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Deepak Kumar, Advocate
For the Opposite Party/s : Mr.Satyendra Prasad, A.P.P.
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 01-05-2026 Heard learned counsel for the petitioner and learned
A.P.P for the State.
2. The petitioner apprehends her arrest in a case
registered under Sections 126 (2), 115 (2), 352, 76, 351 (2) and 3 (5)
of B.N.S and Sections 3 and 4 of the Prevention of Witch Practices
Act, 1999.
3. As per prosecution case, petitioner stated that
informant is “Dayan” and has performed black magic on her
daughter, thereafter, petitioner tried to smear black soot on the
informant.
4. Learned counsel for the petitioner submits that there
was a dispute between the petitioner and the informant as petitioner
was the anganwadi sevika while the informant was the angawadi
assistant. A false allegation of calling the informant a “Dayan” and
performing black magic on her daughter has been made with the
Patna High Court CR. MISC. No. 26457 of 2026(2) dt.01-05-2026
2/2
allegation of trying to smear black soot on the informant. It is further
submitted that the delay of two days in lodging the F.I.R has not been
explained. The petitioner is a lady having no criminal antecedent.
5. The application for anticipatory bail is opposed by
learned A. P.P. for the State.
6. Taking into consideration the facts and circumstances
and also considering the fact that there is no allegation of assault etc.
and also considering the dispute between the parties, let the
petitioner, in the event of her arrest or surrender before the learned
Court below within a period of four weeks, be released on
anticipatory bail in connection with Manjhaul P.S. Case No. 03 of
2026 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand)
with two sureties of the like amount each to the satisfaction of the
learned Court below where the case is pending subject to the
condition laid down under Section 438(2) of the Code of Criminal
Procedure/Section 482(2) of the B.N.S.S, 2023.
(Soni Shrivastava, J)
vashudha/-
U T
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