Patna High Court
Bimla DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
Holding
The court granted anticipatory bail to the petitioner subject to a Rs.30,000 bond and conditions under Section 482(2) of the B.N.S.S., 2023.
Summary
The petitioner, Bimla Devi, sought anticipatory bail after an FIR (Case No. 167 of 2023) alleged her involvement in offences under several IPC sections, including assault and theft of jewellery. The prosecution opposed bail, citing the seriousness of the charges and the existence of a counter‑FIR (Case No. 166 of 2023) filed by the petitioner’s side. The petitioner’s counsel argued that she is innocent, has no prior record, and that the allegations are part of a village dispute with mutual accusations. The court examined the competing FIRs and the statutory provisions governing anticipatory bail. Considering the circumstances, the court ordered that the petitioner be released on anticipatory bail upon furnishing a bail bond of Rs.30,000 and complying with conditions under Section 482(2) of the B.N.S.S., 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the B.N.S.S., 2023 despite the pending FIR and counter‑FIR.
- Whether the allegations under the listed IPC sections constitute sufficient ground to deny bail.
Legislation cited
- B.N.S.S., 2023 — s. 2(1)(d), 482(2)
- Indian Penal Code — s. 307, 323, 324, 325, 34, 341, 354(B), 379, 504
Subjects
- anticipatory bail
- Indian Penal Code
- B.N.S.S., 2023
- section 482
- section 2(1)(d)
- criminal procedure
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26949 of 2026
Arising Out of PS. Case No.-167 Year-2023 Thana- BHAIRAVSHTHAN District-
Madhubani
======================================================
Bimla Devi W/o Shiv Shankar Paswan Resident of Village- Raiyam, P.S.-
Bhairavsthan, District- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Baleshwar Kamat, Advocate
For the Opposite Party/s : Mr. Md. Matloob Rab, 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 Bhairavsthan P.S. Case No. 167 of 2023 (G.R. No.
2248/2023) lodged on 27.12.2023, for the offence punishable
under Sections 341, 323, 324, 325, 307, 354(B), 379, 504 & 34
of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against
5 named accused persons including the present petitioner with
allegation that they have assaulted the informant and his wife.
Accused persons Vipin Paswan and Atal Paswan have outrage
the modesty of the informant. When the informant’s father came
to rescue, then accused Shiv Shankar Paswan assaulted him by
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farsa, due to which, he sustained injury. The allegation against
the petitioner is that she has snatched gold mangalsutra from the
informant’s wife.
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 51 years. He
submits that both parties are resident of the same village and
they are well known to each other. Counsel submits that on petty
village issue, the scuffling took place from both the sides.
Counsel submits that for the alleged date of occurrence dated
15.12.2023, the petitioner’s side have lodged case against the
informant and other 18 persons bearing Bhairavsthan P.S. Case
No. 166 of 2023. He submits that when the informant received
information regarding the FIR lodged by the petitioner's side,
then with a view to save the skin, they also lodged an FIR
against the petitioner's side bearing Bhairavsthan P.S. Case No.
167 of 2023. Counsel submits that ornamental allegation has
been lodged against the petitioner with a view to create
ingredients of section 379 of the IPC. He further submits that
the petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for
bail of the petitioner but submits that from the record, it
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transpires that for the same date and place of occurrence, there
are case and counter case from both the sides.
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., 1st Jhanjharpur, Madhubani, in
connection with Bhairavsthan P.S. Case No. 167 of 2023 (G.R.
No. 2248/2023), subject to the conditions as laid down U/s
482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J)
Divyansh/-
U T
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