Patna High Court
Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioner subject to conditions and a bail bond.
Summary
Sunita Devi, a 46‑year‑old woman, was named in an FIR (Kateya PS Case No. 691 of 2025) alleging assault with weapons and other offences under the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that the accused entered an informant's house, ate food, and later assaulted the informant and her husband with lathis, dandas and knives. The petitioner pleaded innocence, claiming the dispute was petty and that the entire family was falsely implicated. The State opposed bail, but the court considered the petitioner’s gender, the alleged petty nature of the dispute, and her clean antecedents. The court granted anticipatory bail, subject to a Rs.30,000 bond and specific conditions under Sections 2(1)(d) and 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the Bharatiya Nyaya Sanhita, 2023 in view of the alleged offences and the circumstances of the case.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126(2), 2(1)(d), 351(2), 352, 482(2)
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- assault
- gender
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26877 of 2026
Arising Out of PS. Case No.-691 Year-2025 Thana- KATEYA District- Gopalganj
======================================================
Sunita Devi Wife of Dhananjay Gupta Resident of Village- Bhage patti khurd
PS- Kateya District- Gopalganj
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Dubey, Advocate
For the Opposite Party/s : Mr. Abhay Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner is apprehending arrest in connection
with Kateya P.S. Case No. 691 of 2025 lodged on 16.12.2025,
for the offence punishable under Sections 126(2), 115(2),
118(1), 109, 352, 351(2) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
four named accused persons including the present petitioner. It
has been alleged in the FIR that goat of the accused persons
entered in the house of the informant and ate the food. When the
informant objected the same, then the accused persons came
with lathi, danda and knife, assaulted the informant and when
the informant’s husband came to rescue her, then he was also
assaulted by the accused persons.
Patna High Court CR. MISC. No.26877 of 2026(2) dt.22-04-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has committed no offence. Counsel
submits that the petitioner is a female aged about 46 years. He
submits that the entire family members of the petitioner has
been made accused in this case on false allegation. Counsel
submits that both parties are pattidar as mentioned in the FIR
itself. He further submits that the petitioner has clean antecedent
and on petty issue, the scuffling took place.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but fairly submits that the petitioner is a
female and on petty issue, the dispute has arisen between the
parties.
6. As such, in the present facts and circumstances of
this case, let the above named petitioner be released on
anticipatory bail, in the event of arrest or surrender before the
Trial Court within a period of 4 weeks from today, on furnishing
bail bond of Rs.30,000/- (Rupees Thirty Thousand) as
mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the
satisfaction of A.C.J.M.-VI, Gopalganj, in connection with
Kateya P.S. Case No. 691 of 2025, subject to the conditions as
laid down U/s 482(2) of the B.N.S.S., 2023 with further
conditions:-
Patna High Court CR. MISC. No.26877 of 2026(2) dt.22-04-2026
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(i) one of the bailors should be the family member of
the petitioner who shall provide official document to show
his/her bona fide;
(ii) the petitioner shall appear before the Trial Court
on each and every scheduled date, and failure to do so for two
consecutive dates without any plausible reason/explanation shall
be resulted into cancellation of her bail bonds by the Trial Court
itself;
(Dr. Anshuman, J)
Divyansh/-
U T
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