Patna High Court
Shivani Kinnar @ Shivani KumariversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
Holding
The court allowed anticipatory bail to petitioner No.2 and dismissed the petition as withdrawn for petitioner No.1.
Summary
The petitioners, Shivani Kinnar and Monika, filed anticipatory bail applications in a case registered under multiple IPC offences. Shivani, who had already been arrested, sought to withdraw her anticipatory bail application, which the court permitted, resulting in the dismissal of her petition. Monika, the second petitioner, argued that she was falsely implicated, had a clean antecedent, and that the FIR did not specifically allege assault against her. The State opposed the bail, citing the seriousness of the offences listed. After considering the submissions, the High Court granted Monika anticipatory bail, directing her to furnish a bail bond of Rs.10,000 with two sureties, subject to the conditions under Section 482(2) of the CrPC. The court thus allowed the anticipatory bail application and dismissed the first petition as withdrawn.
Issues considered
- Whether the anticipatory bail application of petitioner No.1 can be withdrawn after arrest.
- Whether petitioner No.2 is entitled to anticipatory bail despite allegations under multiple IPC sections.
- Whether the allegations in the FIR constitute sufficient ground to deny anticipatory bail.
Legislation cited
- Criminal Procedure Code — s. 482
- Indian Penal Code — s. 307, 323, 34, 341, 380, 427, 447, 448, 504, 506
Subjects
- anticipatory bail
- false implication
- Indian Penal Code
- Criminal Procedure Code
- high court order
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.39952 of 2026
Arising Out of PS. Case No.-272 Year-2024 Thana- MANER District- Patna
======================================================
1. Shivani Kinnar @ Shivani Kumari D/O Dukhan Chaudhary Guru of Puja
Rani Kinnar, R/O Village- Maner Bazar, P.S.- Maner, Distt- Patna.
2. Monika @ Monika Kinnar @ Ranjit S/O Vijay Singh Thakur Guru of Puja
Rani Kinnar, R/O Village- Maner Bazar, P.S.- Maner, Distt.- Patna.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Ashok Kumar Sinha
For the Opposite Party/s : Mr.Anil Kumar Singh No. 1
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 30-06-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The learned counsel for the petitioners seeks
permission to withdraw the instant anticipatory bail application
with respect to petitioner no.1, Shivani Kinnar @ Shivani
Kumari, who was arrested during pendency of the anticipatory
bail application.
3. Permission is accorded.
4. Accordingly, instant petition is dismissed as
withdrawn with respect to petitioner no.1, Shivani Kinnar @
Shivani Kumari.
5. The petitioner no.2 seeks bail in anticipation of
Patna High Court CR. MISC. No.39952 of 2026(2) dt.30-06-2026
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his/her arrest in a case registered for the offences punishable
under Sections 447, 341, 323, 307, 427, 448, 380, 504, 506, 34
of the Indian Penal Code.
6. The learned counsel for the petitioner submits that
the petitioner is a person with clean antecedent and the
informant alleges that Shivani Kinnar hired two dancers from
her on 17.04.2024 at the rate of Rs.2500/- per day, the dancers
performed for 12 days, but the payment was not made. Further,
on 28.04.2024, the husband of the informant Golu along with
his disciples Gea and Misty went to the house of Shivani
seeking payment, on which Shivani refused, hence the disciples
of Golu objected Shivani, on account of which Golu was
assaulted causing injury on head and he was taken to hospital.
Further, at 2.00 P.M. named accused persons including the
petitioner came along with 10-20 unknown accused persons to
her house and assaulted her and vandalized the household
articles, broke the CCTV and looted Rs.7 Lakhs and snatched
her chain and mobile.
7. The learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is next submitted that from perusal of the
allegations as alleged in the FIR, it would manifest that no
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specific allegation of assault is alleged against the petitioner. It
is next submitted that from perusal of the order impugned, it
would manifest that all injured suffered simple injury.
8. Learned A.P.P. opposes the anticipatory bail
application.
9. Considering the submissions made by the learned
counsel for the petitioner, the petitioner no.2, above-named, in
the event of his/her arrest or surrender before the learned Court
below within a period of six weeks, is directed to be released on
bail on his/her furnishing bail-bonds in the sum of Rs. 10,000/-
(Rupees Ten Thousand) with two sureties of the like amount
each to the satisfaction of the learned Trial Court where the case
is pending/successor Court in connection with Maner P. S. Case
No.272 of 2024, subject to the conditions laid down under
Section 482(2) of the B.N.S.S.
10. The application stands allowed.
(Satyavrat Verma, J)
vikash/-
U T
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