Patna High Court
Umarawati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAMESH CHAND MALVIYA
Holding
The Court granted anticipatory bail to the petitioner.
Summary
Umarawati Devi, a 31‑year‑old woman, was named in FIR No. 358 of 2025 for alleged assault with an axe causing injuries to the informant. She sought anticipatory bail, claiming innocence, lack of independent witnesses, a four‑day delay in filing the FIR, and that the dispute had been amicably settled in the trial court with a compromise petition on record. The State opposed the bail. The High Court examined the FIR, the compromise, the petitioner’s clean antecedent, and the absence of substantive evidence, and found the allegations to be general and unsubstantiated. Relying on Section 482(2) of the Bihar Negotiable Statutes, the Court inclined to grant anticipatory bail. Accordingly, the petitioner was ordered to be released on anticipatory bail upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the usual conditions.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the FIR alleging serious offences.
- Whether the compromise between the parties and the petitioner’s clean antecedent warrant bail.
- Whether the delay in filing the FIR and lack of independent witnesses affect the merit of the prosecution’s case.
Legislation cited
- Bihar Negotiable Statutes — s. 109, 115(2), 118(1), 126(2), 3(5), 351(3), 352, 482(2), 74
Subjects
- anticipatory bail
- FIR
- compromise
- clean antecedent
- Section 482
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29702 of 2026
Arising Out of PS. Case No.-358 Year-2025 Thana- PIPRAKOTHI District- East Champaran
======================================================
Umarawati Devi, Female aged about 31 years, Wife of Aklu Sahani, Resident
of Village- Watganj Bela, P.S- Pipra Kothi, District- East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Ms. Priyanka Singh, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The petitioner apprehends her arrest in connection
with Piprakothi P.S. Case No. 358 of 2025 instituted for the
offences punishable under Sections 126(2), 115(2), 118(1), 109,
74, 352, 351(3), 3(5) of the BNS.
3. Allegation against the petitioner and other co-
accused persons is to have assaulted by means of axe as a result
of which she sustained injuries on the head as well as back and
ribs.
4. Learned counsel for the petitioner submits that
petitioner is innocent has committed no offence and has falsely
been implicated in this case. He submits that the petitioner along
with other co-accused persons assaulted the informant with an
axe with an intention to kill her due to which she sustained
Patna High Court CR. MISC. No.29702 of 2026(2) dt.06-05-2026
2/3
injuries. He further submits that the allegation against her is
general and omnibus in nature and there is no repeated blow
against her. He next submits that there are no any independent
witness to support the prosecution case. He lastly submits that
the informant had taken money from the petitioner and she is
not returning the money, so to harass the petitioner, this present
case has been lodged by the informant. He again submits that
the date of occurrence is 12.10.2025 and the FIR has been
lodged on 16.10.2025 almost a delay of about four days of the
occurrence and there is no any plausible explanation in this
regard. He submits that both the parties have compromised
before the trial Court as submitted by learned counsel for the
petitioner and also stated in para 15 of the petition. Petitioner
has got clean antecedent as stated in para 3 of the petition.
5. Learned APP for the State opposes the prayer for
anticipatory bail of the petitioner.
6. From perusal of the FIR and the impugned order of
the learned 20th Additional Sessions Judge, East Champaran,
Motihari dated 24.02.2026, it appears that on the basis of
written report of the informant Most. Indu Devi, FIR has been
registered under Sections 126(2), 115(2), 118(1), 109, 74, 352,
351(3), 3(5) of the BNS against three co-accused persons
Patna High Court CR. MISC. No.29702 of 2026(2) dt.06-05-2026
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including the present petitioner and the allegation is that she
assaulted by means of an axe, as a result of which she sustained
injuries on the head as well as back and ribs. It also appears that
both the parties have amicably settled their dispute in the trial
Court as stated by learned counsel for the petitioner and a
certified copy of the compromise petition is already on record as
Annexure-2 of the bail petition, so considering all these aspects
of the case and submission of learned counsel for the petitioner,
I am inclined to grant anticipatory bail to the above named
petitioner.
7. Accordingly, let the petitioner above named in the
event of her arrest or surrender before the trial Court within six
weeks from today, be released on anticipatory bail upon
furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
J.M.F.C., East Champaran, Motihari in connection with
Piprakothi P.S. Case No. 358 of 2025, subject to the conditions
laid down in Section 482(2) of the BNSS.
(Ramesh Chand Malviya, J)
Anand Kr.
U T
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