Patna High Court
Punam DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The Court granted anticipatory bail to both petitioners, subject to bond and surety conditions.
Summary
Petitioners Punam Devi and Priyanka Devi applied for anticipatory bail in a case registered under sections 126(2), 115(2), 103(1), 352(2) and 3(5) of the Bhartiya Nyaya Sanhita, 2023, alleging they were falsely implicated in the alleged assault and murder of an informant's daughter. The prosecution alleged that eight accused, including the petitioners, entered the informant's house and assaulted the daughter, with the specific charge of strangulation directed at Dheri (Chhotelal Pasi) and Nirmala Devi. The petitioners contended that the allegations against them were general, they have no criminal antecedent, and they would cooperate with the investigation. The State opposed the anticipatory bail. The Court, after considering that the specific assault allegation was not against the petitioners and noting their clean record, ordered that both petitioners be released on anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 and two sureties of the same amount.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the FIR alleging their involvement.
- Whether the specific allegations in the FIR pertain to the petitioners or to other accused.
- Whether the petitioners' lack of criminal antecedent warrants anticipatory bail.
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 103(1), 115(2), 126(2), 3(5), 352(2)
Subjects
- anticipatory bail
- false implication
- criminal antecedent
- Bhartiya Nyaya Sanhita
- assault
- murder
- West Champaran
- High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3755 of 2026
Arising Out of PS. Case No.-271 Year-2025 Thana- DHANAHA District- West Champaran
======================================================
1. Punam Devi W/o Santosh Chaudhary @ Santosh Pasi R/o village - Nauka
Tola, Daunaha, P.S - Dhanaha, District - West Champaran
2. Priyanka Devi W/o Chhotelal Chaudhary @ Deri @ Chhotelal Pasi R/o
village - Nauka Tola, Daunaha, P.S - Dhanaha, District - West Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bimlesh Kumar Pandey, Advocate
Mr.Satyam Kumar Ojha, Advocate
Mr.Mithilesh Kumar, Advocate
For the Opposite Party/s : Mr.Shailendra Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 28-01-2026 1. Heard learned counsel for the parties.
2. The petitioners have preferred this application for
grant of anticipatory bail apprehending their arrest in connection
with Dhanaha P.S. Case no. 271 of 2025 registered under
sections 126(2), 115(2), 103(1), 352(2) and 3(5) of the Bhartiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the eight named
accused persons including the two petitioners herein are said to
have came at the house of the informant in her absence. It is
further stated that as a result of an earlier altercation, the
accused persons started to abuse and assault her 20 year old
daughter. Dheri @ Chhotelal Pasi and Nirmala Devi are said to
Patna High Court CR. MISC. No.3755 of 2026(2) dt.28-01-2026
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have strangulated the daughter of the informant with a dupatta
leading to her death.
4. Learned counsel for the petitioners submits that the
petitioners have been falsely implicated in the case. The
allegations against the petitioners, who are ladies, are general
and omnibus in nature. The specific allegation of assault is on
Dheri @ Chhotelal Pasi and Nirmala Devi and not the
petitioners herein. The petitioners have no criminal antecedent
and undertake to cooperate in the investigation/trial.
5. The application for anticipatory bail is opposed by
learned A.P.P. for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegations against the petitioners
in the F.I.R., the specific allegation being against Dheri @
Chhotelal Pasi and Nirmala Devi and not the petitioners herein
together with the petitioners who are ladies not having any
criminal antecedent, it is directed that both the petitioners above
named, in the event of their arrest or surrender before the
learned Court below within a period of four weeks, be released
on anticipatory bail in connection with Dhanaha P.S. Case no.
271 of 2025 on each of them furnishing bail bond of Rs.10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.3755 of 2026(2) dt.28-01-2026
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each to the satisfaction of the learned Judicial Magistrate, 1 st
Class, Bagaha, West Champaran.
(Partha Sarthy, J)
Shiv/-
U T
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