Patna High Court
Anita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 110, 115(2), 126(2), 3(5)
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
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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
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