Patna High Court
Musmat Prabhawati Devi @ Prabhawati KunwarversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRAVEEN KUMAR
Holding
The court granted anticipatory bail to the petitioner subject to conditions under Section 482(2) of the Bhartiya Nyaya Sanhita.
Summary
Musmat Prabhawati Devi, a 68‑year‑old woman, was named in an FIR (Paharpur PS Case No. 28 of 2026) alleging participation in a violent assault on an informant’s family over a land dispute, including charges under several sections of the Bhartiya Nyaya Sanhita. She applied for anticipatory bail, arguing that the allegations were vague, the FIR was lodged five days after the incident, and she is an elderly woman. The State opposed the bail, citing the seriousness of the offences. The court examined the facts, noted the lack of injury reports for some alleged victims, and considered the provisions of Section 482(2) of the B.N.S.S. for granting bail. It ordered that the petitioner be granted anticipatory bail upon surrender within six weeks, subject to a bail bond and sureties, and imposed conditions as per the statute. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bhartiya Nyaya Sanhita despite the serious charges listed in the FIR.
Legislation cited
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352, 482(2), 76
Subjects
- anticipatory bail
- Section 482
- Bhartiya Nyaya Sanhita
- criminal procedure
- land dispute
- assault
- murder attempt
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34660 of 2026
Arising Out of PS. Case No.-28 Year-2026 Thana- PAHARPUR District- East Champaran
======================================================
Musmat Prabhawati Devi @ Prabhawati Kunwar Wife of Late Ambika Singh
Resident of Village- Siswa Bajar, Rambaran Sah ka Tola, P.S.- Paharpur,
District- East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sarvesh Kashyap, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
ORAL ORDER
2 19-05-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in a case in
connection with Paharpur P.S. Case No. 28 of 2026 dated
11.01.2026 registered for the offences punishable under Section
126(2), 115(2), 118(1), 109, 76, 303(2), 352, 351(2) and 3(5) of
the Bhartiya Nyaya Sanhita.
3. As per the allegation, this petitioner came at the
house of the informant and started beating the children. It is
further alleged that when the informant came to rescue, co-
accused Jitendra Singh with intent to murder, assaulted the
informant on the head with a farsa, thereby injuring him. It is
further alleged that co-accused Ashok Singh took his thumb
Patna High Court CR. MISC. No.34660 of 2026(2) dt.19-05-2026
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impression on a blank piece of paper, while the motive was clear
that they wanted to grab his land, due to previous dispute. It has
further been alleged that when the informant’s wife, namely
Soniya Devi, came to his rescue, all the accused persons
assaulted her until she become unconscious. It has further been
alleged that when the informant’s daughter, namely Priyanka
Devi, came to rescue, then all the accused persons including the
petitioner attacked her, tore her clothes, leaving her semi-naked,
while co-accused Pratima Devi snatched her gold earrings worth
Rs. 16,000/-, while the petitioner and co-accused Punam Devi
held her down.
4. Learned counsel for the petitioner has submitted
that the present allegation is in the backdrop of admitted land
dispute. It has further been submitted that there is general
omnibus allegation against the petitioner to have assaulted the
informant’s daughter, namely Priyanka Devi, as well as Soniya
Devi, wife of the informant. It has further been submitted that
petitioner is an old lady aged about 68 years and, there is case
and counter case between the parties, while there is delay of five
days in lodging the present FIR. It has further been submitted
referring to the impugned order that except the informant’s
injury, there is no discussion with respect to injury report of
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other injured persons which goes to show that they have not
received any injury.
5. Learned A.P.P. for the State has vehemently
opposed the prayer for anticipatory bail of the petitioner.
6. Heard the parties and perused the record.
7. Considering the aforesaid facts and circumstances
of the case, let the above named petitioner, in the event of her
arrest/surrender within a period of six weeks from today, be
enlarged on anticipatory bail on furnishing bail-bond of Rs.
10,000/- (Rupees Ten thousand) with two sureties of the like
amount each to the satisfaction of the learned court concerned,
Motihari, East Champaran, in connection with Paharpur P.S.
Case No. 28 of 2026, subject to conditions as laid down under
section 482(2) of the B.N.S.S.
8. The application stands allowed.
(Praveen Kumar, J)
shivam/-
U T
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