Patna High Court
Sita DeviversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to Sita Devi and Gita Kumari but denied anticipatory bail to Nitish Kumar.
Summary
The petitioners – Sita Devi, Gita Kumari and Nitish Kumar – applied for anticipatory bail after an FIR was lodged alleging offences under the Bharatiya Nyaya Sanhita, 2023, including assault and related crimes. The FIR alleged that petitioner 1 threw garbage, abused the informant’s wife and, together with others, assaulted the informant’s side. The petitioners claimed innocence, highlighted that the two female petitioners were not directly involved in the assault, and pointed to their clean antecedents. The State opposed the bail application. The Patna High Court, noting the gender of petitioners 1 and 2 and the lack of specific allegations against them, granted anticipatory bail to Sita Devi and Gita Kumari subject to a Rs 30,000 bond and conditions under Section 482(2) of the B.N.S.S., 2023, but refused anticipatory bail to Nitish Kumar, directing the trial court to decide on any surrender‑cum‑bail application within four weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023.
- Whether the nature of the alleged offences and the petitioners’ gender justify differential bail treatment.
- Whether the State’s opposition based on the FIR allegations is sufficient to deny anticipatory bail.
- Whether the male petitioner, Nitish Kumar, should be denied anticipatory bail while the female petitioners are granted it.
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118(2), 126(2), 2(1)(d), 3(5), 351(2), 352, 482(2), 74
Subjects
- anticipatory bail
- Bharatiya Nyaya Sanhita
- criminal procedure
- gender and bail
- Section 482
- Section 2(1)(d)
- Patna High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26887 of 2026
Arising Out of PS. Case No.-380 Year-2025 Thana- ATHMALGOLA District- Patna
======================================================
1. Sita Devi W/o Navin Ray @ Navil Ray R/o vill - Kamarapar, P.S. -
Athmalgola, Distt.- Patna
2. Gita Kumari W/o Nitish Kumar R/o vill - Kamarapar, P.S. - Athmalgola,
Distt.- Patna
3. Nitish Kumar S/o Navin Ray @ Navil Ray R/o vill - Kamarapar, P.S. -
Athmalgola, Distt.- Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ashok Kumar Kashyap, Advocate
For the Opposite Party/s : Mr. Parmanand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
ORAL ORDER
2 22-04-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners are apprehending arrest in
connection with Athmalgola P.S. Case No. 380 of 2025 lodged
on 19.10.2025, for the offence punishable under Sections
126(2), 115(2), 118(2), 109(1), 74, 352, 351(2) & 3(5) of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, FIR has been lodged against
six named accused persons including the present petitioners. It
has been alleged in the FIR that petitioner no.1 threw the
garbage on the street of informant. When the informant’s wife
Patna High Court CR. MISC. No.26887 of 2026(2) dt.22-04-2026
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objected the same, then petitioner no.1 along with her daughter
in law abused her. Subsequently, the accused persons have
assaulted the informant’s side, due to which, they sustained
injuries.
4. Learned counsel for the petitioners submit that the
petitioners are innocent and have committed no offence.
Counsel submits that the petitioner nos.1 and 2 are females and
allegation of assault is against other accused persons. Counsel
submits that the petitioner's side have also filed a case against
the informant’s side bearing Athmalgola P.S. Case No. 379 of
2025. Counsel also submits that there is general and omnibus
allegation against the petitioners. He further submits that the
petitioners have clean antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioners.
6. In the present facts and circumstances of this case,
considering this aspect that petitioner nos.1 & 2 are females,
therefore, let the petitioner no.1 namely, Sita Devi and petitioner
no.2 namely, Gita Kumari 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) each as mentioned in
Patna High Court CR. MISC. No.26887 of 2026(2) dt.22-04-2026
3/3
Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of
S.D.J.M., Barh, Patna, in connection with Athmalgola P.S. Case
No. 380 of 2025, subject to the conditions as laid down U/s
482(2) of the B.N.S.S., 2023.
7. So far as petitioner no.3 namely, Nitish Kumar is
concerned, this Court is not inclined to grant bail to him.
Accordingly, the prayer for anticipatory bail of the petitioner
no.3 stands rejected.
8. However, if petitioner no.3 surrenders before the
concerned Trial Court within a period of 4 weeks from today
then in that case, the Trial Court is directed to pass order on his
surrender-cum-bail application on the same day, without being
prejudice that the anticipatory bail of the petitioner no.3 has
been rejected by this Court and the Trial Court shall pass order
on the merit of this case.
(Dr. Anshuman, J)
Divyansh/-
U T
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