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Patna High Court

Nilam DeviversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The Court allowed the anticipatory bail application, granting bail subject to bond, sureties and conditions under Section 482(2) of the Bhartiya Nyaya Sanhita.

Summary

Petitioners Nilam Devi and Phulo Mahto sought anticipatory bail fearing arrest in Barh P.S. Case No. 617/2025, which alleged offences under Sections 126(2), 115(2), 118(1), 74, 351(2) and 3(5) of the Bhartiya Nyaya Sanhita. The prosecution alleged that petitioner No.1 assaulted an informant with an iron rod, snatched her gold locket, and acted to prevent the informant’s husband from testifying in a kidnapping case. The petitioners contended that petitioner No.1, being a woman, was falsely implicated, the injury was minor, and the non‑bailable Section 74 should not apply to her. The State opposed the bail. The Court, after considering the facts, granted anticipatory bail to both petitioners on a bond of Rs.10,000 with two sureties each, subject to conditions under Section 482(2) of the Bhartiya Nyaya Sanhita.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners in view of the alleged offences.
  • Whether Section 74 of the Bhartiya Nyaya Sanhita, a non‑bailable provision, is applicable to petitioner No.1.
  • Whether the alleged assault and theft constitute sufficient ground to deny anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • non‑bailable offence
  • assault
  • theft
  • section 482
  • Bhartiya Nyaya Sanhita
  • gender
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.34737 of 2026
                          Arising Out of PS. Case No.-617 Year-2025 Thana- BARH District- Patna
                 ======================================================
           1.     Nilam Devi W/O Phulo Mahto @ Fulchand Mahto R/O Village- Nadwan,
                  P.S.- Barh, Distt- Patna.
           2.    Phulo Mahto @ Fulchand Mahto S/O Suresh Mahto R/O Village- Nadwan,
                 P.S.- Barh, Dist.- Patna.

                                                                                    ... ... Petitioner/s
                                                        Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr.Sanjay Kumar S.K., Adv
                 For the Opposite Party/s :        Mr.Madhuri Lata, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRAVEEN KUMAR
                                       ORAL ORDER

2   20-05-2026                    Heard learned counsel for the petitioners and learned

                   Additional Public Prosecutor for the State.

                                2. Learned counsel for the petitioner has prayed for

                   withdrawal of the present anticipatory bail with respect to

                   petitioner no. 2.

                                3. The petitioners are apprehending their arrest in a

                   case in connection with Barh P.S. Case No. 617/2025 registered

                   for the offences punishable under Sections 126(2), 115(2),

                   118(1),74, 351(2),3(5) of the Bhartiya Nyaya Sanhita.

                                4. As per the prosecution case, petitioner no.1 along

                   with other co-accused persons assaulted the informant by means

                   of iron rod and khanti due to which the informant became
Patna High Court CR. MISC. No.34737 of 2026(2) dt.20-05-2026
                                            2/3




          injured, and her gold locket was also snatched. The cause of

          offence is stated to be the fact that her husband was a witness in

          a case of kidnapping with respect to the brother of her husband

          and pressure was being made not to depose in that case.

                       5. Learned counsel for the petitioner no. 1 has

          submitted that petitioner is a lady and she is not accused in the

          kidnapping case as has been mentioned in the F.I.R. It has

          further been submitted that the injury sustained by the informant

          is simple in nature. It has further been submitted that since

          petitioner is a lady, she has been falsely been made accused in

          this case and as regards allegation with respect to non-bailable

          section 74 of the BNS is concerned, it would not be applicable

          against her.

                       6. Learned A.P.P. for the State has vehemently

          opposed the prayer for anticipatory bail of the petitioners.

                       7. Considering the aforesaid facts and circumstances

          of the case, let the above named petitioners, in the event of their

          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) each with two sureties of the

          like amount each to the satisfaction of the learned court

          concerned, in connection with Barh P.S. Case No. 617 of 2025,
               Patna High Court CR. MISC. No.34737 of 2026(2) dt.20-05-2026
                                                           3/3




                         subject to conditions as laid down under section 482(2) of the

                         B.N.S.S.

                                      8. The application stands allowed.



                                                    (Praveen Kumar, J)
niku/aarti/-

U       T


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