Patna High Court
Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The court held that the petitioners are entitled to bail pending trial.
Summary
The petitioners, Sunita Devi and Nageshwar Paswan, sought protection from arrest in a Mahila Police Station case (No.66 of 2015) involving alleged offences under several IPC sections including assault, criminal intimidation and cheating. The prosecution alleged that they illegally confined a school headmistress who was the informant. The petitioners contended that the headmistress, a cook in the same school, was trying to expose misappropriation of the mid‑day meal scheme and that the villagers, not the petitioners, had confined her, making the petitioners false victims. The court examined the bail application in light of the seriousness of the charges and the petitioners’ claim of wrongful implication. It allowed the application, directing that if they are arrested or surrender within four weeks, they be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to conditions of Section 438(2) CrPC and Section 482 of the BNSS. The order effectively secured their temporary liberty pending trial.
Issues considered
- Whether the petitioners are entitled to bail under Section 438(2) of the Code of Criminal Procedure, 1973 in a case involving offences under Sections 323, 341, 342, 420, 353, 354, 504 and 34 of the IPC.
- Whether the allegations of illegal confinement are substantiated enough to deny bail.
Legislation cited
- Bihar Negotiable Instruments Act (BNSS) — s. 482
- Criminal Procedure Code — s. 438(2)
- Indian Penal Code — s. 323, 34, 341, 342, 353, 354, 420, 504
Subjects
- bail
- IPC offences
- Section 438 CrPC
- Section 482 BNSS
- mid‑day meal scheme
- false implication
- illegal confinement
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37799 of 2026
Arising Out of PS. Case No.-66 Year-2015 Thana- MAHILA PS District- Darbhanga
======================================================
1. Sunita Devi W/o Sri Nageshwar Paswan @ Nago Paswan Resident of
village - Sirua, P.S - Baheri, District - Darbhanga
2. Nageshwar Paswan @ Nago Paswan S/o Kari Paswan Resident of village -
Sirua, P.S - Baheri, District - Darbhanga
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Kaushal Kumar
For the Opposite Party/s : Mr.Murli Dhar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in
connection with Mahila P.S. Case No. 66 of 2015 registered for
the offence under Sections 323, 341, 342, 420, 353, 354, 504, 34
of the Indian Penal Code.
3. As per the prosecution case, the petitioners are
alleged to have illegally confined the informant, who is the
headmistress of a primary school.
4. Learned counsel for the petitioners submits that
the petitioner no. 01, who is the wife of the petitioner no. 02 is a
cook in the same school in which the informant was
Patna High Court CR. MISC. No.37799 of 2026(2) dt.16-06-2026
2/2
headmistress and when she tried to inform the authorities about
the misappropriation being done in mid-day meal, the
petitioners have falsely been implicated in this case. He further
submits that the local villagers had confined the headmistress
because of the said misappropriation in mid-day meal.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the concerned Court
below in connection with Mahila P.S. Case No. 66 of 2015,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
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