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Patna High Court

Punam DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                            2/3




          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
                                                         3/3




                       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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