Patna High Court
Radhika DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
Anticipatory bail was granted to the petitioner as the allegations did not specifically implicate her in the overt acts and she has no criminal antecedent.
Summary
The petitioner, Radhika Devi, was implicated in a case (Mairwa PS Case No. 34 of 2026) alleging assault and theft, with the prosecution alleging that she participated in an assault on the informant and her family. The petitioner contended that she was innocent, that no specific overt act was alleged against her, and that she had a clean criminal record. The court examined the evidence and noted that the injuries were caused by another accused, Prince Kushwaha, and that there was no direct allegation of an overt act by the petitioner. Considering the lack of criminal antecedent and the absence of specific incriminating acts, the court granted anticipatory bail subject to a bond and several conditions. The order also imposed conditions to ensure the petitioner’s appearance before the trial court and to prevent tampering with witnesses or evidence.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the allegations and the evidence.
- Whether the petitioner’s clean antecedents and lack of specific overt act allegation justify bail.
Legislation cited
- Criminal Procedure Code — s. 482(2)
- Indian Penal Code — s. 109, 115(2), 118, 126(2), 303(2), 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- Criminal Procedure Code
- Indian Penal Code
- assault
- false implication
- clean antecedent
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.30852 of 2026
Arising Out of PS. Case No.-34 Year-2026 Thana- MAIRWAN District- Siwan
======================================================
Radhika Devi S/o Hareram Bhagat @ Hareram Kushwaha Resident of Titra
Takiya, PS - Mairwa, District - Siwan.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Yashraj Bardhan, Adv.
For the Opposite Party/s : Mr.Jagdhar Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 06-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in connection
with Mairwa P.S. Case No. 34 of 2026 dated 01.02.2026
registered for the offence punishable under Section/s 126(2),
115(2), 118, 109, 74, 303(2), 352, 351(2), 3(5) of the B.N.S.
3. The prosecution case, in brief, is that on 28.01.2026, a
dispute arose between neighbours at Titra Takiya, during which
Prince Kushwaha allegedly assaulted the informant, Kiran Devi,
with a hockey stick, causing head injuries. It is further alleged
that Radhika Devi and other accused persons joined the assault
and attacked the informant’s family members when they
intervened. The petitioner is also alleged to have snatched the
gold nose-pin of the informant’s daughter.
Patna High Court CR. MISC. No.30852 of 2026(2) dt.06-05-2026
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4. Learned counsel for the petitioner submits that the
petitioner is innocent and has falsely been implicated in the
present case. It is further submitted that the specific allegation
of overt act is against the co-accused, Prince Kushwaha, who is
alleged to have caused injuries to the informant and her family
members, whereas no specific allegation of overt act has been
made against the petitioner. Lastly, it is submitted that the
petitioner is a person of clean antecedents.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
6. Having heard learned counsel for the parties and taking
into consideration the fact that the injuries sustained by the
informant and her family members were not caused by the
petitioner, and that the petitioner has no criminal antecedent, let
the petitioner, named above, be released on anticipatory bail in
the event of her arrest or surrender before the court below within
a period of four weeks from today on furnishing bail bond of
Rs. 10,000/- (rupees ten thousand) with two sureties of the like
amount each to the satisfaction of learned Additional Sessions
Judge -IX, Siwan in connection with Mairwa P.S. Case No. 34
of 2026, subject to the condition as laid down under Section
482(2) of the B.N.S.S. as well as the following conditions:
Patna High Court CR. MISC. No.30852 of 2026(2) dt.06-05-2026
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(i) One of the bailors should be the family
member/relative/known of the petitioner(s) who shall provide
official document / personal affidavit to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of her bail
bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds.
(Ajit Kumar, J)
rishi/-
U T
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