Patna High Court
Nilam DeviversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- PRAVEEN KUMAR
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
- Bhartiya Nyaya Sanhita — s. 115(2), 118(1), 126(2), 3(5), 351(2), 482(2), 74
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
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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,
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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/-
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