Patna High Court
Hema KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SATYAVRAT VERMA
Holding
Anticipatory bail was granted to the petitioner subject to prescribed bond and surety conditions.
Summary
The petitioner, Hema Kumari, sought anticipatory bail fearing arrest in a case registered under several sections of the B.N.S. She asserted a clean record, her status as a woman, and alleged false implication by the informant, who claimed she participated in an assault and theft on 11-06-2025. The State opposed the bail. The Court examined the petitioner's claims, noted the lack of specific allegations against her in the FIR, and considered her gender and clean antecedents. Relying on Section 438(2) of the Criminal Procedure Code and Section 482(2) of the B.N.S.S., the Court granted anticipatory bail subject to a bond of Rs.10,000 with two sureties and other conditions. The order directs that bail be released if she is arrested or surrenders within six weeks.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 438 of the Cr.P.C. in view of the allegations and her personal circumstances.
Legislation cited
- B.N.S.S. — s. 482
- Code of Criminal Procedure, 1973 — s. 438
Subjects
- anticipatory bail
- false implication
- women's rights
- Criminal Procedure Code
- B.N.S.S.
- section 438
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.4743 of 2026
Arising Out of PS. Case No.-261 Year-2025 Thana- DINARA District- Rohtas
======================================================
Hema Kumari D/o- Baikunth Pandey R/o Village - Samhuti PS - Dinara
District - Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Maya Shankar Mishra, Advocate
Mr. Nagendra Upadhyay, Advocate
For the Opposite Party/s : Mr. Sanjay Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
ORAL ORDER
2 23-03-2026 1. Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends her arrest in a case
registered for the offences punishable under Sections 126(2),
115(2), 303(2), 109, 351(2), 352 and 3(5) of the BNS.
3. Learned counsel for the petitioner submits that
petitioner is a person with clean antecedent and is a woman and
the informant alleges that on 11.06.2025 the accused persons
including the petitioner came and assaulted him and his wife
and Kaushalya snatched earrings of his wife.
4. Learned counsel for the petitioner submits that
petitioner has been falsely implicated in the instant case by the
informant. It is further submitted that from perusal of the
allegation as alleged in the FIR, it would manifest that no
Patna High Court CR. MISC. No.4743 of 2026(2) dt.23-03-2026
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specific allegation is alleged agianst the petitioner.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail of the petitioner.
6. Considering the submissions made by the learned
counsel for the petitioner and taking into consideration the fact
that petitioner is a woman, let the petitioner, above-named, in
the event of her 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) 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 Dinara P.S. Case No. 261 of 2025, subject to the conditions
as laid down under Section 438(2) of the Cr.P.C./482(2) of the
B.N.S.S.
(Satyavrat Verma, J)
Kundan/-
U T
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