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Patna High Court

Sanju DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court held that anticipatory bail may be granted to the petitioner despite the general allegations, considering her gender and clean antecedent.

Summary

Sanju Devi, a woman, was implicated in Panapur Police Station Case No.68 of 2026 for offences including assault under sections 191(2), 190, 126(2), 115(2), 109, 352 and 351(2) of the B.N.S., 2023. She applied for anticipatory bail, arguing that the allegations were general and omnibus and that she has a clean antecedent. The State and the informant opposed the bail on the ground of the seriousness of the charges. The Court, noting her gender and lack of prior record, held that anticipatory bail could be granted despite the general allegations. Accordingly, the petitioner was released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the conditions of Section 438(2) of the CrPC and Section 482 of the B.N.S., with a clarification that the order does not prejudice the trial.

Issues considered

  • Whether anticipatory bail can be granted to the petitioner despite general and omnibus allegations under the relevant criminal statutes
  • Whether the petitioner’s gender and clean antecedent justify the grant of anticipatory bail

Legislation cited

Subjects

  • anticipatory bail
  • section 438 CrPC
  • section 482 B.N.S.
  • gender
  • clean antecedent
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.38150 of 2026
                        Arising Out of PS. Case No.-68 Year-2026 Thana- PANAPUR District- Saran
                 ======================================================
                 Sanju Devi W/o Parmendra Kumar Kushwaha R/o Jarakh Pakari, P.S.-
                 Panapur, Distt.- saran
                                                                    ... ... Petitioner
                                             Versus
                 The State of Bihar
                                                             ... ... Opposite Party
                 ======================================================
                 Appearance :
                 For the Petitioner        :         Mr. Mohit Raj, Advocate
                 For the State             :         Mr. Shahabuddin Azeem @ S. Azeem, APP
                 For the Informant         :         Mr. Harsh Anuj, Advocate
                                                     Mr. Rajesh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   17-06-2026                    Heard learned counsel for the petitioner, learned APP

                   for the State and learned counsel for the informant.

                                      2.       The    petitioner     apprehends         arrest    in

                   connection with Panapur P.S. Case No.68 of 2026 registered for

                   the offence under sections 191(2), 190, 126(2), 115(2), 109, 352

                   and 351(2) of the B.N.S., 2023.

                                      3.       The petitioner and others are said to have

                   assaulted the victim, who sustained injuries.

                                      4.       It has been submitted by learned counsel for

                   the petitioner that the petitioner is a woman and there is general

                   and omnibus allegation against her. It has also been submitted

                   that the petitioner has clean antecedent.

                                      5.       Learned APP for the State and learned

                   counsel for the informant have opposed the prayer of the
              Patna High Court CR. MISC. No.38150 of 2026(2) dt.17-06-2026
                                                          2/2




                        petitioner for grant of anticipatory bail.

                                        6.      Considering the fact that there is general and

                        omnibus allegation against the petitioner and also the fact that

                        the petitioner is a woman, this application is allowed.

                                        7.      Let the petitioner, above named, in the event

                        of her 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 learned Chief

                        Judicial Magistrate, Saran at Chapra / concerned Court below, in

                        connection with Panapur P.S. Case No.68 of 2026, subject to the

                        conditions laid down in Section 438(2) of the Code of Criminal

                        Procedure, 1973 / Section 482 of the BNSS.

                                        8.      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 petitioner at

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

                        any opinion on the merits of the case.


                                                                   (Sandeep Kumar, J)

pawan/-

U         T


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