Patna High Court

Shtrughan Purbey @ Shatrughan PurbeyversusThe State of Bihar

Decided: 16 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

The Court confirmed the provisional anticipatory bail granted to the petitioners.

Summary

The petitioners, Shtrughan Purbey and Mira Kumari, sought anticipatory bail fearing arrest in a case registered under Sections 126(2), 115(2), 74, 352, 351(2) and 3(5) of the B.N.S. The prosecution alleged that the informant, Shilpi Kumari, was assaulted and attempted to be strangled by the petitioners on 11 May 2025. The petitioners contended that they were innocent, that they themselves had been assaulted, and that the complaint was false and filed to protect the informant, attaching injury reports and prior complaints as evidence. The State opposed the bail application. Considering the relationship between the parties, the clean antecedents of the petitioners, and the surrounding circumstances, the Court confirmed the provisional bail previously granted on 30 August 2025.

Issues considered

Whether anticipatory bail should be granted to the petitioners under the circumstances alleged.
Whether the complaint lodged by the informant is false and constitutes an abuse of process.
Whether the petitioners' clean antecedents and the counter‑complaint against the informant justify bail.

Legislation cited

B.N.S. — s. 115(2), 126(2), 3(5), 351(2), 352, 74

Subjects

anticipatory bail
false complaint
abuse of process
Criminal Procedure Code
Section 438
B.N.S.
bail
clean antecedents

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 CRIMINAL MISCELLANEOUS No.55601 of 2025
                      Arising Out of PS. Case No.-409 Year-2025 Thana- KANKARBAG District- Patna
                 ======================================================
           1.     Shtrughan Purbey @ Shatrughan Purbey S/O Sitaram Purbey R/O Ashok
                  Nagar, Road No. 8A, P.S.- Kankarbagh, District- Patna.
           2.    Mira Kumari @ Mira Devi W/O Shtrughan Purbey @ Shatrughan Purbey
                 R/O Ashok Nagar, Road No. 8A, P.S.- Kankarbagh, District- Patna.

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioners     :        Mr. Krishna Prasad Singh, Sr. Advocate
                                                  Mr. Pravin Kumar Verma, Advocate
                 For the State           :        Mr. Chandra Sen Prasad Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

4   16-01-2026                    Heard learned senior counsel appearing on behalf of

                   the petitioners and learned APP appearing on behalf of the State.

                                  2. The petitioners apprehend their arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 74, 352, 351(2) and 3(5) of the B.N.S..

                                  3. As per prosecution case, informant, namely Shilpi

                   Kumari, alleged that on 11.05.2025 at about 9 AM, when she

                   was alone in her room, in the meantime, Petitioner No. 1, who is

                   father-in-law of informant, entered in her room and tried to

                   outrage her modesty and thereafter, Petitioner No. 2, who

                   happens to be mother-in-law of the informant and brother-in-law

                   of informant came there and tried to kill the informant by
Patna High Court CR. MISC. No.55601 of 2025(4) dt.16-01-2026
                                            2/3




          pressing her neck.

                       4. It is submitted by learned senior counsel appearing

          on behalf of the petitioners that petitioners are quite innocent

          and have committed no offence. As a matter of fact, Petitioner

          No. 1 who is father-in-law and Petitioner No. 2 who is mother-

          in-law of the informant were assaulted and their injury report is

          Annexure-P/2 to this bail petition. It is further submitted that it

          was subsequent to filing of the informatory petitioner bearing

          Informatory Petition No. 1204 of 2024 dated 25.04.2024 (copy

          of which is Annexure-P/3 to this bail application) and filing of a

          complaint case by Petitioner No. 1 against informant (copy of

          which is Annexure-P/4 to this bail application), this false and

          concocted case has been lodged only with a view to save her

          skin from the aforesaid case. Petitioners claim clean

          antecedents.

                       5. Learned A.P.P. for the State has vehemently

          opposed the prayer for grant of anticipatory bail to the

          petitioners.

                       6. Considering the facts and circumstances of the

          case, relationship between the parties, case and counter-case

          and clean antecedents of the petitioners, the provisional bail

          granted to petitioners vide order dated 30.08.2025 is hereby
             Patna High Court CR. MISC. No.55601 of 2025(4) dt.16-01-2026
                                                         3/3




                       confirmed.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

Continue reading with your account

Checking your session…