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Patna High Court

Soni DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
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          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


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