Patna High Court
Manawati Devi @ Manti DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted bail to the petitioners, directing release upon furnishing a bond with sureties, subject to conditions under Section 482(2) of the CrPC.
Summary
The petitioners, Manawati Devi and Dinesh Kumar Ray, were named in an FIR for alleged assault and outrage of modesty against an informant in a land dispute. They contended that the incident was a mutual scuffle with no serious injury, as evidenced by a medical report indicating only simple body ache. The petition sought bail, arguing that the case was essentially a free fight and that the informant had also filed a separate case against them. The State opposed the bail application. Considering the nature of the allegations, the minor injuries, and the provisions of Section 482(2) of the Criminal Procedure Code, the court directed that both petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties each, subject to conditions. The bail order was made subject to their surrender within four weeks.
Issues considered
- What is the appropriate bail disposition for petitioners accused of assault and outrage of modesty where the alleged injury is simple?
- Whether the nature of the incident as a mutual scuffle in a land dispute warrants bail despite the charges under various sections of the B.N.S.
Legislation cited
- Bihar Penal Code — s. 115(2), 118(1), 126(2), 35, 351(2)(3), 352, 74
- Criminal Procedure Code — s. 482(2)
Subjects
- bail
- assault
- outrage of modesty
- land dispute
- medical report
- simple injury
- Section 482 CrPC
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37666 of 2026
Arising Out of PS. Case No.-530 Year-2025 Thana- MASHRAK District- Saran
======================================================
1. Manawati Devi @ Manti Devi S/o Dinesh Kumar Ray @ Dinesh Ray R/o
Village - Gandaman, P.O. - Serukaha, P.S. - Mashrak, Dist. - Saran at
Chapra.
2. Dinesh Kumar Ray @ Dinesh Ray NA R/o Village - Gandaman, P.O. -
Serukaha, P.S. - Mashrak, Dist. - Saran at Chapra.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rananjay Kumar
For the Opposite Party/s : Mr. Sanjay Kumar Tiwary
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 10-06-2026 Heard the parties.
2. At the outset, learned counsel for the
petitioner submitted that he inadvertently failed to
mention the name of father of petitioner no. 2 namely,
Dinesh Kumar Ray @ Dinesh Ray, therefore, he be
permitted to mention the name of the father of
petitioner no. 2, in course of the day.
3. Permission granted.
4. The petitioners are named in the F.I.R. and
apprehending their arrest in connection with Masharak
P.S. Case No. 530 of 2025 registered for the offences
Patna High Court CR. MISC. No.37666 of 2026(2) dt.10-06-2026
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punishable under Sections 126(2), 115(2), 118(1), 74,
352, 351(2)(3), 35 of BNS.
5. The allegation against petitioners is to
assault and outrage the modesty of the informant who
are admittedly agnets. The occurrence alleged to be
taken place due to land dispute.
6. It is submitted by learned counsel appearing
on behalf of the petitioners that the occurrence was
basically free fight in nature in the background of land
disputes between the two ladies who are none but the
agnets. It is pointed out that it was a normal scuffle
which can be gather safely from the medical report of
the informant, which only suggest that there was no
visible injury and it is a case of generalized body ache,
the nature of injury was opined as simple in nature. It is
submitted that for same set of occurrence petitioner’s
side also lodged a separate case against the informant
which was registered as Masharak P.S. Case No. 529 of
2025, earlier to this case. Petitioners claimed clean
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antecedent.
7. Learned APP opposes the prayer of bail.
8. In view of aforesaid factual submission and
by taking note of nature of accusation and also the
injury alleged to be caused by the petitioners, which
upon medical examination found simple in nature,
accordingly both above-named petitioners, who are wife
and husband, in the event of their arrest or surrender
before the court below within a period of four weeks, are
directed to be released on bail, 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 ACJM VII, Saran at Chhapra /concerned
Court, where the case is pending in connection with
Masharak P.S. Case No. 530 of 2025, subject to the
conditions as laid down under Section 482(2) of BNSS.
(Chandra Shekhar Jha, J)
Sudha/-
U T
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