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Patna High Court

Jagdam ThakurversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The Court granted anticipatory bail to petitioner Lalmuni Devi but denied it to petitioner Jagdam Thakur.

Summary

The petitioners, Jagdam Thakur and Lalmuni Devi, sought anticipatory bail in connection with Paharpur Police Station Case No. 423 of 2023, which alleged offences under IPC sections 341, 342, 323, 324, 325, 307, 379, 504 and 506/34. The petitioners argued that the matter was essentially a civil dispute and that Lalmuni Devi, being a woman, deserved relief. The Court examined the nature of the allegations and the applicability of Sections 482 and 438(2) of the Code of Criminal Procedure. It allowed anticipatory bail to Lalmuni Devi on the condition of a Rs.10,000 bail bond with two sureties, while rejecting the bail application of Jagdam Thakur. The order was limited to the bail application and did not prejudice the merits of the criminal trial.

Issues considered

  • Whether anticipatory bail should be granted to petitioner Jagdam Thakur for the alleged offences under the IPC.
  • Whether anticipatory bail should be granted to petitioner Lalmuni Devi, considering the allegations and her status as a woman.
  • Whether Sections 482 and 438(2) of the Code of Criminal Procedure, 1973, permit the grant of anticipatory bail in the present circumstances.

Legislation cited

Subjects

  • anticipatory bail
  • IPC offences
  • assault
  • grievous injury
  • gender considerations
  • bail conditions
  • CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.38132 of 2026
                  Arising Out of PS. Case No.-423 Year-2023 Thana- PAHARPUR District- East Champaran
                 ======================================================
           1.     Jagdam Thakur Son of Late Chokat Thakur Resident of Village- Sareyan
                 Banjari Patti, P.S.- Paharpur, District- East Champaran.
           2.    Lalmuni Devi @ Umarawati Devi Wife of Subhash Thakur Resident of
                 Village- Sareyan Banjari Patti, P.S.- Paharpur, District- East Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr.Vibhuti Kumar, Advocate
                 For the State           :        Mr.Tapeshwar Sharma, APP
                 For the informant       :        Mr. Sanjay Kumar Tiwari, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                    ORAL ORDER

2   16-06-2026                    Heard learned counsel for the petitioners; learned

                   A.P.P. for the State and learned counsel for the informant.

                                  2. The petitioners apprehend arrest in connection

                   with Paharpur P.S. Case No. 423 of 2023 instituted under

                   Sections 341, 342, 323, 324, 325, 307, 379, 504 and 506/34 of

                   the Indian Penal Code.

                                  3. The petitioners and others are said to have

                   assaulted the victim causing grievous injury because of the fact

                   that the victim was constructing his house.

                                  4. Learned counsel for the petitioners submits that

                   this is a civil dispute and there is general and omnibus
Patna High Court CR. MISC. No.38132 of 2026(2) dt.16-06-2026
                                            2/3




          allegation.

                       5. So far as petitioner no. 2 is concerned, there is

          gernal and omnibus allegation against her and also considering

          the fact that she is a woman, therefore, her prayer for

          anticipatory bail is allowed.

                       6. Accordingly, in the event of arrest or surrender

          before the Court below within six weeks from today, the

          petitioner no. 2 namely Lalmuni Devi @ Umarawati Devi, be

          released on bail upon furnishing bail bonds of Rs.10,000/- (ten

          thousand) with two sureties of the like amount each to the

          satisfaction of the learned ACJM, 9th East Champaran, Motihari/

          concerned Court in connection with Paharpur P.S. Case No. 423

          of 2023, subject to the conditions laid down in Section 482 of

          the BNSS/ 438(2) of the Code of Criminal Procedure, 1973.

                       7. So far as petitioner no. 1 is concerned, he along

          with others is said to have assaulted the victim causing

          grievous injury.        Considering the aforesaid, the prayer for

          anticipatory bail of petitioner no. 1 is rejected.

                       8. Accordingly, this application is partly allowed.

                       9. It is, however, clarified that the observations made

          herein are limited to the adjudication of the present bail

          application and shall not prejudice the case of the petitioners at
           Patna High Court CR. MISC. No.38132 of 2026(2) dt.16-06-2026
                                                       3/3




                     any subsequent stage of the trial and this Court has not express

                     any opinion on the merits of the case.


                                                                          (Sandeep Kumar, J)

P. Kumar

U     T


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