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Patna High Court

Umarawati DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                      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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