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Patna High Court

Radhika DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                           3/3




                                (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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