Patna High Court
Madhu Devi @ Madhu KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANSHUMAN
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
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 118(1), 126, 2(1)(d), 303(2), 3(5), 351(2), 352, 482(2), 74
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
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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
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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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