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Patna High Court

Manawati Devi @ Manti DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
            Patna High Court CR. MISC. No.37666 of 2026(2) dt.10-06-2026
                                                        3/3




                      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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