Patna High Court
Asha Devi @ Kaushalya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- CHANDRA SHEKHAR JHA
Holding
The court granted anticipatory bail to the petitioner subject to the stipulated conditions.
Summary
The petitioner, Asha Devi (also known as Kaushalya Devi), was named in an FIR for alleged mental and physical cruelty and related offences under the Bhartiya Nyay Sanhita, 2023. She contended that the allegations were false, arising from a property dispute, and that she is the second wife living separately from the complainant, with a clean antecedent. The State opposed her application for anticipatory bail. The court observed that the prima facie allegations of cruelty were not specific or direct and noted the petitioner's clean record. Consequently, the court ordered that she be released on anticipatory bail upon surrender within four weeks, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 438(2) of the Cr.P.C. and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to anticipatory bail despite the FIR alleging offences under the Bhartiya Nyay Sanhita.
- Whether the allegations of mental and physical cruelty constitute a sufficient basis to deny bail.
- Whether the petitioner's clean antecedent and separate residence justify granting bail.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Bhartiya Nyay Sanhita, 2023 — s. 115(2), 126(2), 3(5), 351(2), 352, 82(1)
- Criminal Procedure Code — s. 438(2)
Subjects
- anticipatory bail
- mental cruelty
- physical cruelty
- property dispute
- criminal procedure
- women's rights
- second marriage
- Bhartiya Nyay Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40059 of 2026
Arising Out of PS. Case No.-21 Year-2025 Thana- MAHILA P.S. District- Rohtas
======================================================
Asha Devi @ Kaushalya Devi W/O Rajnath Singh @ Raj Nath Singh Yadav
R/O Village- Mathiyaw, P.S.- Bikramganj, Distt.- Rohtas, at present residing
Chai Bagan, Barganwa, Namkum, P.O.- Namkun, P.S.- Namkum, Distt.-
Ranchi, Jharkhand.
... ... Petitioner
Versus
1. The State of Bihar
2. Kaushalya Devi W/O Rajnath Singh @ Rajnath Singh Yadav R/O Village-
Mathiyaw, P.S.- Bikramganj, Distt.- Rohtas
... ... Opposite Party
======================================================
Appearance :
For the Petitioner/s : Mr.Babu Nandan Prasad, Advocate
For the Opposite Party/s : Dr. Indiwar Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
ORAL ORDER
2 22-06-2026 Heard learned counsel for the petitioner and learned
APP for the State.
2. The accused-petitioner, named in the F.I.R., is
apprehending her arrest in connection with Mahila Thana
Dehri P.S. Case No. 21 of 2025 registered for the offences
punishable under Sections 126(2), 115(2), 82(1), 352,
351(2), 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short,
the ‘B.N.S.’).
3. As per FIR, petitioner alleged to commit mental
and physical cruelty upon the informant/O.P. No. 2
alongwith her husband. Petitioner is the second wife of the
husband of the informant/O.P. No. 2.
Patna High Court CR. MISC. No.40059 of 2026(2) dt.22-06-2026
2/3
4. Learned counsel appearing on behalf of the
petitioner submitted that out of consent of informant/O.P.
No. 2, her husband solemnized marriage long back with the
petitioner. It is pointed out that petitioner is living
separately with the informant/O.P. No. 2. It is also pointed
out that direct allegation of committing physical and mental
cruelty not appears available against this petitioner and out
of property dispute, the present false implication was raised
against the petitioner, who is a lady of clean antecedent.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. In view of the aforesaid factual submissions and
by taking note of the fact as allegation of mental and
physical cruelty prima facie not appears specific/direct,
coupled with the fact that petitioner is a lady of clean
antecedent, who is living separately with the informant/O.P.
No. 2, accordingly, above-named petitioner, in the event of
her arrest/surrender within a period of four weeks from this
order, is directed to be enlarged on bail on furnishing of bail
bond of Rs.10,000/- (ten thousand only) with two sureties
of the like amount each to the satisfaction of learned
Patna High Court CR. MISC. No.40059 of 2026(2) dt.22-06-2026
3/3
S.D.J.M., Sasaram, Rohtas/concerned court in connection
with Mahila Thana Dehri P.S. Case No. 21 of 2025, subject
to the conditions as laid down under Section 438(2) of the
Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha
Sanhita (in short “B.N.S.S.”).
(Chandra Shekhar Jha, J)
Rajeev/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.