Patna High Court
Soni DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioners subject to conditions under Section 482(2) of the BNSS.
Summary
The petitioners, Soni Devi and Saraswati Devi, sought anticipatory bail fearing arrest in a case registered under multiple sections of the Bihar Negotiable Security Act, 2023, alleging extortion and assault by six accused persons. The informant, a relative, claimed the accused demanded Rs.5,00,000 and assaulted family members, but the petitioners argued they have clean antecedents, are women, and no specific allegation of assault is made against them. The State opposed the bail, while the petitioners highlighted the lack of confidence in the FIR and the familial property dispute. The court considered the petitioners' gender, the nature of the allegations, and the discretion under Section 482(2) of the BNSS. It ordered that, if arrested within six weeks, the petitioners be released on anticipatory bail upon furnishing bail bonds and sureties, subject to conditions. The application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under Section 482(2) of the Bihar Negotiable Security Act, 2023.
- Whether the allegations in the FIR sufficiently justify denial of bail.
- Whether the petitioners' status as women and lack of specific charges against them warrant bail.
Legislation cited
- Bihar Negotiable Security Act, 2023 — s. 109, 115(2), 118(1), 126, 308(3), 352, 482(2), 74
Subjects
- anticipatory bail
- extortion
- assault
- women
- property dispute
- Section 482
- bail conditions
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40547 of 2026
Arising Out of PS. Case No.-36 Year-2026 Thana- BELDOUR District- Khagaria
======================================================
1. Soni Devi Wife of Nirala Sah Resident of Village- Bobil Fulbaria, Ward No.
9, P.S.- Beldaur, District- Khagaria
2. Saraswati Devi @ Saraswati Kumar Daughter of Nirala Sah Resident of
Village- Bobil Fulbaria, Ward No. 9, P.S.- Beldaur, District- Khagaria
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shashank Shekhar
For the Opposite Party/s : Mr.Nagendra Prasad
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 02-07-2026 1. Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2.The petitioners apprehend their arrest in a case
registered for the offences punishable under Sections 126,
115(2), 118(1), 109, 308(3), 74, 352 of the BNS, 2023.
3. Learned counsel appearing on behalf of the
informant, learned counsel for the petitioner submits that
Petitioner No. 1 is a person with clean antecedent and Petitioner
No. 2 has antecedent of one case and both petitioners are
women, it is next submitted that informant alleges that on
02.02.2026 at 12:30 PM six accused persons including the
petitioners came and demanded extortion of Rs. 5,00,000/-, on
Patna High Court CR. MISC. No.40547 of 2026(2) dt.02-07-2026
2/3
protest, Niranjan assaulted her by blade used in operation
causing injury on various parts of the body, it is next alleged that
when her husband and son were taking her to the hospital, when
accused person assaulted her son by sharp edged weapon
causing injury on head and also assaulted her husband by lathi
and snatched Rs, 3500/- from his pocket along with her chain.
4. Learned counsel for the petitioner submits
petitioner and the informant are agnates and having dispute
relating to property, it is next submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that the same
does not inspire confidence as far as petitioners are concerned as
informant alleges that accused persons came demanding
extortion of Rs, 5,00, 000/-, it is next submitted that it does not
appear probable that women member of the family would have
accompanied the male members for seeking extortion, it is
further submitted that specific allegation of assault is against
Niranjan and informant is own sister-in-law (Bhabhi) of
Niranjan, but the relationship in the FIR is not disclosed rather
informant has tried to create an impression that accused person
had come to her house seeking extortion, it is also submitted
that as far as petitioners are concerned, no specific allegation of
assault is alleged against them.
Patna High Court CR. MISC. No.40547 of 2026(2) dt.02-07-2026
3/3
5. Learned A.P.P. for the State and learned counsel
appearing on behalf of the informant opposes the anticipatory
bail application of the petitioners.
6. Considering the submissions and taking into
consideration the fact that petitioners are women made by the
learned counsel for the petitioners, the petitioners above-named,
in the event of their arrest or surrender within a period of six
weeks from today, be released on anticipatory 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 trial court where the case is pending/successor court in
connection with Beldaur P.S. Case No. 36 of 2026 subject to the
conditions as laid down under Section 482 (2) of the BNSS.
7. The application stands allowed.
(Satyavrat Verma, J)
Nitesh/-
U T
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.