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Patna High Court

Madhu Devi @ Madhu KumariversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioners subject to a bail bond and conditions under the BNS, 2023.

Summary

The petitioners, three residents of Jaitiya village, were named in an FIR (Sonpur P.S. Case No. 862 of 2025) under multiple sections of the Bhartiya Nyaya Sanhita, 2023, alleging a dispute over water from a hand pump that escalated into a scuffle, stone‑pelting, alleged theft, and threats of rape and kidnapping. The petitioners contended they were innocent, that the incident was a minor neighbour quarrel, and that a counter‑case had also been filed by the complainant, emphasizing their clean criminal record. The State opposed the bail application, arguing the seriousness of the allegations. The Court considered the existence of a case‑and‑counter‑case, the nature of the alleged offences, and the petitioners' circumstances, and decided to grant anticipatory bail. The order directed each petitioner to furnish a bail bond of Rs 30,000 and comply with conditions under Sections 2(1)(d) and 482(2) of the BNS, 2023, should they be arrested or surrender within four weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the Bhartiya Nyaya Sanhita, 2023.
  • Whether the allegations in the FIR constitute offences warranting denial of bail.
  • Effect of a case and counter‑case on the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Bhartiya Nyaya Sanhita
  • neighbor dispute
  • water pump dispute
  • FIR
  • bail bond

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.27001 of 2026
                       Arising Out of PS. Case No.-862 Year-2025 Thana- SONEPUR District- Saran
                 ======================================================
           1.     Madhu Devi @ Madhu Kumari D/o Santosh Sah Resident of - Jaitiya, P.S -
                  Sonpur, Chhapra District - Saran
           2.    Komal Kumari D/o Santosh Sah Resident of - Jaitiya, P.S - Sonpur, Chhapra
                 District - Saran
           3.    Karan Kumar S/o Kali Sah Resident of - Jaitiya, P.S - Sonpur, Chhapra
                 District - Saran

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mrs. Bhawana Jha, Advocate
                 For the Opposite Party/s :       Mr. Mohammed Arif, 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 Sonpur P.S. Case No. 862 of 2025, dated

                   29.08.2025, lodged under Sections 126, 115(2), 118(1), 74,

                   303(2), 352, 351(2), 109, 3(5) of the Bhartiya Nyaya Sanhita,

                   2023 (hereinafter referred to as “BNS, 2023”).

                                3. As per the prosecution, an FIR has been lodged

                   against seven named accused persons, including the present

                   petitioners, alleging that, with a view to take water from the

                   hand pump, a dispute arose between adjacent neighbours, which
Patna High Court CR. MISC. No.27001 of 2026(2) dt.22-04-2026
                                            2/3




          resulted in a scuffle, and there is also an allegation of stone

          pelting, due to which the informant became unconscious.

          Further, there are allegations of snatching of a locket and

          money, as well as threats of rape and kidnapping.

                       4. Learned counsel for the petitioners submits that the

          petitioners are innocent and have committed no offence.

          Counsel further submits that, from the contents of the FIR, it

          becomes crystal clear that both parties are residents of the same

          village and are adjacent neighbours. The dispute has arisen only

          due to a petty matter, i.e., taking water from the hand pump.

          Counsel further submits that, for the same date and place of

          occurrence, a case and counter-case have been lodged from both

          sides. The petitioners’ side has lodged Sonpur P.S. Case No. 861

          of 2025, whereas the informant’s side has lodged Sonpur P.S.

          Case No. 862 of 2025. Counsel further submits that the criminal

          antecedents of the petitioners are clean, and out of the three

          petitioners, petitioner Nos. 1 and 2 are female, and petitioner

          No. 3 is a student who has unnecessarily been made an accused

          in this case. Counsel further submits that all the injuries were

          simple in nature and the dispute actually took place between the

          children of the families, and subsequently the elders have been

          unnecessarily involved.
          Patna High Court CR. MISC. No.27001 of 2026(2) dt.22-04-2026
                                                      3/3




                                 5. Learned APP for the State opposes the prayer for

                    bail of the petitioners but fairly submits that there is a case and

                    counter case between the parties.

                                 6. In the present facts and circumstances of this case,

                    let the above named petitioners 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

                    Section 2(1)(d) of the BNSS, 2023 to the satisfaction of C.J.M.,

                    Saran at Chapra, in connection with Sonpur P.S. Case No. 862

                    of 2025, subject to the conditions as laid down U/s 482(2) of the

                    BNSS, 2023.



                                                                         (Dr. Anshuman, J.)

Aman Kumar/-

U     T


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