Patna High Court
Dulari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that bail may be granted to the petitioners, subject to strict conditions, because the injuries were simple and a counter‑case exists, outweighing the prosecution’s objections.
Summary
The petitioners, four women from Pipra village, sought bail in a case (Govindganj P.S. Case No.336 of 2019) where they were accused of assault, robbery and other offences under Sections 341, 323, 307, 324, 504, 325 and 34 of the IPC. The prosecution alleged that they, along with co‑accused, attacked an informant and his family, seizing a gold chain. The petitioners contended they were falsely implicated and that the incident stemmed from a land dispute and a counter‑case filed by the husband of one petitioner. The State highlighted that two petitioners had prior criminal antecedents while one had a clean record, opposing bail. Considering the simple nature of the injuries, the existence of a counter‑case, and the circumstances, the court ordered bail on a bond of Rs 10,000 with two sureties and imposed conditions under Section 438(2) CrPC and Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita.
Issues considered
- Whether bail should be granted to the accused despite charges of assault and robbery under the IPC.
- Whether the petitioners' prior criminal antecedents justify denial of bail.
- Whether the existence of a counter‑case and the simple nature of injuries affect the bail decision.
Legislation cited
- Bhartiya Nagarik Suraksha Sanhita — s. 482
- Code of Criminal Procedure — s. 438
- Indian Penal Code — s. 307, 323, 324, 325, 34, 341, 504
Subjects
- bail
- IPC offences
- criminal antecedent
- counter case
- simple injury
- Section 438 CrPC
- Section 482 B.N.S
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4196 of 2026
Arising Out of PS. Case No.-336 Year-2019 Thana- GOVINDGANJ District- East
Champaran
======================================================
1. Dulari Devi W/o Late Ramjet Mahato R/o Village - Pipra, P.S - Govindganj,
District - East Champaran
2. Bhalo Devi @ Jhaliya Devi W/o Krishna Mahto @ Kishun Mahto R/o
Village - Pipra, P.S - Govindganj, District - East Champaran
3. Dewkali Devi @ Devkali Devi W/o Hari Mahto R/o Village - Pipra, P.S -
Govindganj, District - East Champaran
4. Subi Devi @ Sugi Devi W/o Dilip Mahto R/o Village - Pipra, P.S -
Govindganj, District - East Champaran
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Aditya Kumar Pandey, Advocate
For the State : Ms .Rina Sinha, APP
For the Informant : Mr. Karandeep Kumar, Advocate
: Mr. Mritunjay Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 06-02-2026 Heard Mr. Aditya Kumar Pandey, learned counsel
for the petitioners, Mr. Karandeep Kumar, learned counsel for
the Informant and Ms. Rina Sinha, learned Additional Public
Prosecutor for the State.
2. The petitioners are apprehending their arrest in
connection with Govindganj P.S. Case No.336 of 2019, F.I.R.
dated 24.10.2019 for the offences punishable under Sections
341, 323, 307, 324, 504, 325 and 34 of Indian Penal Code.
3. According to prosecution case, the informant
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alleged that when he was sitting at his house, the petitioners
along with other co-accused persons came and started abusing
him and on objection, they assaulted the informant and his
family members by means of farsa, lathi and garansa and
snatched gold chain from his neck.
4. Learned counsel for the petitioners submits that
petitioners are innocent and they have falsely been implicated in
the present case. The present case is counter blast of Govindganj
P.S. Case No.335 of 2019 filed by the husband of petitioner no.2
against the informant and his family members and both sides
received injury and it appears from the FIR that due to admitted
land dispute the present occurrence has taken place. Although
the petitioners are named in the FIR and there is specific
allegation against them that they assaulted the informant and his
family members but the injury inflicted upon the injured person
is simple in nature caused by hard and blunt substance.
5. The learned Additional Public Prosecutor and
learned counsel for the Informant have vehemently opposed the
prayer for bail of the petitioners on the ground that the petitioner
nos.1 and 3 carries one criminal antecedent in which they are on
bail and petitioner no.2 has clean antecedent.
6. Considering the aforesaid facts and circumstances
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and the fact that there is case and counter case between the
parties and injury inflicted upon the injured persons is simple in
nature, let the petitioners, above named, in the event of arrest or
surrender before the court below within a period of thirty days
from the date of receipt of the order, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with
two sureties of the like amount each to the satisfaction of the
learned Chief Judicial Magistrate, East Champaran, Motihari in
connection with Govindganj P.S. Case No.336 of 2019, subject
to the conditions as laid down under Section 438(2) of the Code
of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik
Suraksha Sanhita and with other following conditions:-
i. Petitioners shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on their absence on two consecutive dates without sufficient
reason, their bail bond shall be cancelled by the Court below.
ii. If the petitioners tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioners and in case at
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any stage it is found that the petitioners have concealed their
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioners. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Suruchi/-
U T
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