Patna High Court
Jagdam ThakurversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
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
- Criminal Procedure Code — s. 438(2), 482
- Indian Penal Code — s. 307, 323, 324, 325, 341, 342, 379, 504, 506/34
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
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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
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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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