Created by Fuzzy Cloud

Patna High Court

Anita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted regular bail to the petitioner.

Summary

Anita Devi was arrested in connection with a case of alleged assault leading to death, charged under Sections 126(2), 115(2), 110 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. She contended that she was innocent, had no prior record, and that the deceased showed no external injuries, arguing that the offence fell within culpable homicide not amounting to murder. The State opposed bail. The Court, noting the petitioner’s gender, clean antecedent, and the circumstances, allowed regular bail on a bond of Rs.10,000 with two sureties, emphasizing that the order was limited to the bail application and not a determination on the merits of the case.

Issues considered

  • Whether the petitioner is entitled to regular bail despite being charged with offences under the Bharatiya Nyaya Sanhita relating to culpable homicide.
  • Whether the absence of external injuries and the petitioner’s clean antecedent justify bail.
  • Whether the petitioner’s status as a woman is a relevant factor in granting bail.

Legislation cited

Subjects

  • regular bail
  • criminal procedure
  • culpable homicide
  • Bharatiya Nyaya Sanhita
  • gender considerations
  • bail jurisprudence

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26928 of 2026
                   Arising Out of PS. Case No.-319 Year-2024 Thana- KUCHAIKOTE District- Gopalganj
                 ======================================================
                 Anita Devi W/o Hirdyanand Chauhan Resident of Village - Pakadee, P.S -
                 Kuchaikot, District - Gopalganj

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Adesh Raj Singh
                 For the Opposite Party/s :      Mr. Abhay Kumar
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   22-04-2026                  Heard the learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks regular bail in connection with

                   Kuchaikot P.S. Case No. 319 of 2024 registered for the offence

                   under Section(s) 126(2), 115(2), 110 and 3(5) of the Bharatiya

                   Nyaya Sanhita, 2023.

                                3. As per the prosecution case, the petitioner, who is a

                   woman, is alleged to have assaulted the deceased with a stick

                   (phatta), resulting in the death of the deceased.

                                4. Learned counsel for the petitioner submits that the

                   petitioner is innocent and has not committed any offence.

                   Petitioner is in custody since 18.02.2026 and has clean

                   antecedent. It is also contended that no external injury has been

                   found on the body of the deceased, and therefore the case falls
            Patna High Court CR. MISC. No.26928 of 2026(2) dt.22-04-2026
                                                        2/2




                      within the ambit of culpable homicide not amounting to murder.

                                   5. Learned A.P.P. for the State has vehemently

                      opposed the prayer for bail.

                                   6. Considering the aforesaid facts and circumstances

                      as well as the fact that the petitioner is a woman this application

                      for regular bail is allowed.

                                   7. Accordingly, let the petitioner, above named, be

                      released on bail on furnishing bail bonds of Rs. 10,000/- (Ten

                      Thousand) with two sureties of the like amount each to the

                      satisfaction of the learned Court below where the case is

                      pending/successor Court in connection with Kuchaikot P.S.

                      Case No. 319 of 2024.

                                   8. It is made clear that any observation made herein is

                      prima facie in nature and limited solely for the purpose of

                      adjudication of the present bail application. Such observations

                      shall not be construed as an expression on the merits of the case

                      and shall not influence the trial or any other proceedings in any

                      manner.



                                                         (Sandeep Kumar, J)
Shishir/-

U       T


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.