Patna High Court
Manju DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to all four petitioners, directing their release on bond with sureties.
Summary
The petitioners, four women from Bhatpokhra village, were named in an FIR for alleged assault causing serious injuries, under multiple sections of the BNS. They sought bail, arguing they have clean antecedents and are family members, while the State opposed the bail. The court noted that three of the petitioners were already on bail in other cases and the fourth had a clean record. Considering the facts and the fact that all petitioners are women, the court ordered their release on bail with a bond of Rs. 10,000 and two sureties each, subject to conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS. The bail order was directed to be implemented by the ACJM-I, Darbhanga.
Issues considered
- Whether bail should be granted to the accused women under the circumstances of the case
- Whether the conditions under Section 438(2) Cr.P.C. and Section 482(2) BNSS are satisfied
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 109(1), 115(2), 117(2), 118(1), 126(2), 127(2), 190(2), 191(2), 351(2), 352
- Criminal Procedure Code (Cr.P.C.) — s. 438(2)
Subjects
- bail
- criminal procedure
- assault
- women accused
- Section 438
- Section 482
- family members
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27148 of 2026
Arising Out of PS. Case No.-219 Year-2025 Thana- JALE District- Darbhanga
======================================================
1. Manju Devi W/o Nagendra Das Resident of Village- Bhatpokhra, P.S.- Jale,
Dist- Darbhanga
2. Sangita Devi W/o Ashok Das Resident of Village- Bhatpokhra, P.S.- Jale,
Dist- Darbhanga
3. Veena Devi W/o Annu Das Resident of Village- Bhatpokhra, P.S.- Jale, Dist-
Darbhanga
4. Risha Devi @ Risha Kumari @ Riya Kumari W/o Ravi Das @ Ravi Kumar
Resident of Village- Bhatpokhra, P.S.- Jale, Dist- Darbhanga
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Saurav Anand
For the Opposite Party/s : Mr.Kalyan Shankar
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 28-04-2026 Heard the parties.
2. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Jale P.S. Case No.
219 of 2025 registered for the offences punishable under
Sections 191(2), 190(2), 126(2), 127(2), 115(2), 118(1),
117(2), 109(1), 352 and 351(2) of the BNS.
3. The allegation against petitioners is to assault
informant and other person along with other family members
causing head and other bodily injuries, where occurrence alleged
to be arises out of previous enmities, where injuries were alleged
to made with an intention to cause death.
Patna High Court CR. MISC. No.27148 of 2026(2) dt.28-04-2026
2/2
4. It is submitted by learned counsel appearing on
behalf of the petitioners that all petitioner are ladies of clean
antecedent and they implicated being family members. While
concluding arguments, it is submitted petitioner no. 1 to 3 found
involved in two more cases, where they are on bail and petitioner
no. 4 is a lady of clean antecedent.
5. Learned APP opposes the prayer of bail.
6. In view of aforesaid factual submission and by
taking note of fact as all four petitioners are ladies and implicated
being family members, accordingly all above-named petitioners,
in the event of their arrest or surrender before the court below
within a period of four weeks, are directed to be released on bail,
furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each
with two sureties of the like amount each to the satisfaction of
the learned ACJM-I, Darbhanga/concerned Court, where the case
is pending in connection with Jale P.S. Case No. 219 of 2025,
subject to the conditions as laid down under Section 438(2) of
the Cr.P.C/Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
S.Tripathi/-
U T
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