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Patna High Court

Asha deviversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court granted anticipatory bail to petitioners Asha Devi and Rubi Kumari but denied it to Kundan Mahto.

Summary

The petitioners, Asha Devi, Rubi Kumari and Kundan Mahto, were named in FIR No. 237 of 2025 for alleged assault, theft and other offences under the Bharatiya Nyaya Sanhita, 2023. They claim the dispute stems from a loan repayment issue and assert that the informant’s side also has criminal antecedents, including a pending complaint by petitioner No.3. The petitioners sought anticipatory bail, arguing lack of specific allegations against the two women and that any injuries were minor. The State and the informant opposed bail, emphasizing the specific allegation of assault on the informant’s son by petitioner No.3. The Patna High Court granted anticipatory bail to Asha Devi and Rubi Kumari on furnishing a bail bond, but rejected anticipatory bail for Kundan Mahto, directing the trial court to decide his surrender‑cum‑bail application promptly if he surrenders within four weeks.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under the Bharatiya Nyaya Sanhita, 2023.
  • Whether the specific allegations against petitioner No.3 justify denial of anticipatory bail.
  • Whether the presence of a case and counter‑case affects the grant of anticipatory bail.

Legislation cited

Subjects

  • anticipatory bail
  • assault
  • Bharatiya Nyaya Sanhita
  • criminal procedure
  • case and counter case
  • loan dispute
  • gender

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.5074 of 2026
                      Arising Out of PS. Case No.-237 Year-2025 Thana- AURAI District- Muzaffarpur
                 ======================================================
           1.     Asha devi W/o Ramashish mahto R/o of village Prem Nagar Bhalura, P.S.-
                  Aurai, District- Muzaffarpur
           2.    Rubi Kumari D/o Ramashish Mahto R/o of village Prem Nagar Bhalura,
                 P.S.- Aurai, District- Muzaffarpur
           3.     Kundan Mahto @ Kundan Kumar S/o Ramashish Mahto R/o of village Prem
                  Nagar Bhalura, P.S.- Aurai, District- Muzaffarpur
                                                                           ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                                    ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Alok Kumar Alok, Advocate
                 For the Opposite Party/s :        Mr. Madhura Nand Jha, A.P.P
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN
                                       ORAL ORDER

2   04-02-2026                  Heard learned counsel for the petitioners, learned APP

                   for the State and learned counsel for the informant.

                                2. The petitioners are apprehending arrest in

                   connection with Aurai P.S. Case No. 237 of 2025 lodged on

                   08.11.2025, for the offence punishable under Section 126(2),

                   127(2), 115(2), 118(1), 109, 324(2), 303(2) 352, 351(2), 351(3)

                   & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                                3. As per the prosecution, FIR has been lodged against

                   six named accused persons including the present petitioners. It

                   has been alleged in the FIR that when the informant’s son

                   (Ganesh Mahto) was returning to his house then all the accused

                   persons came and started abusing him with regard to Rs.2 lacs

                   given by the informant some years ago. Then, the accused
Patna High Court CR. MISC. No.5074 of 2026(2) dt.04-02-2026
                                            2/4




          Chandan Mahto assaulted the informant’s son by iron dabiya on

          his head and when the informant and his second son went to

          rescue then, accused person Ramashish Mahto assaulted the

          informant by iron dabiya on his head. Thereafter, accused

          Kundan Kumar (petitioner no.3) also assaulted the informant’s

          second son with iron dabiya, due to which injury has been

          caused. It has also been alleged that a golden locket was also

          snatched and the household articles were also scattered. Then

          the villagers came and called the police and with the help of

          police, the informant and his sons were rescued.

                       4. Learned counsel for the petitioners submit that the

          petitioners are innocent and have committed no offence.

          Counsel submits that the petitioners and the informant are co-

          villagers and the dispute is regarding return of loan. Counsel

          submits that there is a case and counter case from both the sides.

          Counsel submits that the petitioner no.3 has lodged Complaint

          Case No. 45 of 2025 against the informant’s side. Counsel

          submits that the allegation of assault is there, but all the injuries

          are simple in nature. He further submits that the petitioners have

          no criminal antecedent. Counsel submits that out of three

          petitioners, two are ladies and one is a younger member of the

          family aged about 21 years, having no specific allegation, rather,
Patna High Court CR. MISC. No.5074 of 2026(2) dt.04-02-2026
                                            3/4




          general and omnibus allegation is there. Counsel further submits

          that the antecedent of the informant’s side is not clean. Some of

          the persons from the informant’s side are accused under POCSO

          Act. In this regard, he has stated the same in para 10 and 11 of

          the bail application. Counsel submits that the petitioners are

          ready to fulfill all the conditions whatsoever shall be imposed

          upon them.

                       5. Learned counsel for the informant vehemently

          opposes the prayer for bail and submits that the injuries are

          there which is apparent from the FIR as well as from the

          rejection order. Counsel submits that upon petitioner no.3, there

          is a specific allegation that he has assaulted the informant’s son

          Dinesh Mahto on his head by iron dabiya.

                       6. Learned APP for the State opposes the prayer for

          bail of the petitioners and submits that from the record, it

          transpires that there is a case and counter case from both the

          sides and the specific allegation is against petitioner no.3. The

          petitioner nos.1 and 2 are ladies, having no specific allegation.

                       7. As such, in the present facts and circumstances of

          this case, let the petitioner no.1 namely, Asha devi and petitioner

          no.2 namely, Rubi Kumari be released on anticipatory bail, in

          the event of arrest or surrender before the Trial Court within a
             Patna High Court CR. MISC. No.5074 of 2026(2) dt.04-02-2026
                                                         4/4




                       period of 4 weeks from today, on furnishing bail bond of

                       Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in

                       Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of

                       Judicial Magistrate 1st Class (East), Muzaffarpur, in connection

                       with Aurai P.S. Case No. 237 of 2025, subject to the conditions

                       as laid down U/s 482(2) of the B.N.S.S., 2023.

                                    8. So far as petitioner no. 3 namely, Kundan Mahto @

                       Kundan Kumar is concerned, this Court is not inclined to grant

                       bail to him. Accordingly, the prayer for anticipatory bail of the

                       petitioner no. 3 is hereby rejected. However, liberty is hereby

                       granted that if, petitioner no. 3 surrenders before the concerned

                       Trial Court within a period of 4 weeks from today, then in that

                       case, the Trial Court is directed to pass order on his surrender-

                       cum-bail application on the same day, without being prejudice

                       that the anticipatory bail of the petitioner no. 3 has been rejected

                       by this Court and the Trial Court shall pass order on the merit of

                       this case.



                                                                    (Dr. Anshuman, J)
Divyansh/-

U      T


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