Patna High Court
Nitu KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail was granted to the petitioners under Section 482(2) of the Bharatiya Nyaya Sanhita, 2023.
Summary
The petitioners, Nitu Kumari and Malti Devi, feared arrest in a criminal case (Arwal P.S. Case No. 279 of 2025) involving offences under several sections of the Bharatiya Nyaya Sanhita, 2023. The prosecution alleged that a person named Nitish Kumar misbehaved with the informant’s daughter, and the petitioners, being his family members, were implicated. The petitioners contended they were innocent and sought anticipatory bail, while the State opposed the relief. The Court, noting the petitioners are women and considering the circumstances, granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and conditions under Section 482(2) of the BNSS. The order was made clear to be prima facie and not affect the merits of the trial.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023
- Whether Section 482(2) of the BNSS authorises the grant of anticipatory bail in the present facts
Legislation cited
- Bharatiya Nyaya Sanhita, 2023 — s. 115(2), 126, 303(2), 351(2), 352, 482(2), 75
Subjects
- anticipatory bail
- criminal procedure
- women
- Bharatiya Nyaya Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38188 of 2026
Arising Out of PS. Case No.-279 Year-2025 Thana- Arwal District- Arwal
======================================================
1. Nitu Kumari D/o- Amita Bachchan Yadav Resident of village - Asalanpur,
P.S - Arwal, District - Arwal
2. Malti Devi W/o- Amita Bachchan Yadav Resident of village - Asalanpur, P.S
- Arwal, District - Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raushan Abhishek
For the Opposite Party/s : Mr. Shyam Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 16-06-2026 Heard the learned counsel for the petitioners and
learned counsel for the State.
2. The petitioners apprehend arrest in connection with
Arwal P.S. Case No. 279 of 2025 registered for offences under
Sections 126, 115(2), 75, 303(2), 351(2) and 352 of the
Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution case, one Nitish Kumar is
said to have misbehaved with the daughter of the informant.
4. Learned counsel for the petitioners submits that the
petitioners are innocent and have not committed any offence. It
is further submitted that there is a case and counter-case
between the parties, and the petitioners are family members of
main accused Nitish Kumar.
5. Learned APP for the State has vehemently opposed
Patna High Court CR. MISC. No.38188 of 2026(2) dt.16-06-2026
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the prayer for bail.
6. Considering the facts and circumstances of the case
and the fact that the petitioners are women, this application for
anticipatory bail is allowed.
7. Accordingly, let the petitioners, above-named, in
the event of their arrest or surrender within four weeks from
today in the Court below, be released on bail on furnishing bail
bonds of Rs.10,000/- (Rupees ten thousand) each with two
sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending/successor court in
connection with Arwal P.S. Case No. 279 of 2025 subject to the
conditions as laid down under Section 482(2) of the BNSS.
8. It is made clear that any observation made herein is
prima facie in nature and limited solely for the purpose of
adjudication of the present bail application. Such observations
shall not be construed as an expression on the merits of the case
and shall not influence the trial or any other proceedings in any
manner.
(Sandeep Kumar, J)
Shishir/-
U T
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