Patna High Court
Premlata DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court granted anticipatory bail to the petitioners subject to specified conditions.
Summary
The petitioners, Premlata Devi, Kapil Mandal and their daughter Neha Kumari, sought anticipatory bail fearing arrest in a criminal case (Lakhisarai PS Case No. 186 of 2025) filed by informant Soni Kumari alleging assault, attempted outrage of modesty and other offences under the B.N.S. The complaint described an incident on 23 April 2025 where the accused allegedly assaulted the informant and threatened her modesty, leading to family members also assaulting her. The matter was referred to a mediation centre with the consent of the parties, and the mediator’s report dated 5 January 2026 indicated that the couple and the accused had reconciled, with the woman now staying with her husband. Considering the successful mediation and the petitioners’ apprehension of arrest, the Court was inclined to grant anticipatory bail. The Court ordered that the petitioners be released on bail if arrested or surrendered within four weeks, subject to a bail bond of Rs.10,000 with two sureties and several conditions including appearance before the trial court, non‑tampering with witnesses, and refraining from further offences.
Issues considered
- Whether anticipatory bail should be granted to the petitioners in view of the mediation outcome and the nature of the alleged offences under the B.N.S.
Legislation cited
- B.N.S. — s. 115(2), 126(2), 3(5), 351(2), 352, 74
Subjects
- anticipatory bail
- mediation
- domestic violence
- assault
- criminal procedure
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.55878 of 2025
Arising Out of PS. Case No.-186 Year-2025 Thana- LAKHISARAI District- Lakhisarai
======================================================
1. Premlata Devi W/o Kapil Mandal @ Kapildeo Mandal Resident of Village-
Naya Tola, Ward No.-12, P.S. District-Lakhisarai.
2. Kapil Mandal @ Kapildeo Mandal S/o Gharho Mandal Resident of Village-
Naya Tola, Ward No.-12, P.S. District-Lakhisarai.
3. Neha Kumari D/o Kapil Mandal @ Kapildeo Mandal Resident of Village-
Naya Tola, Ward No.-12, P.S. District-Lakhisarai.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Soni Kumari w/o Banti kumar,r/o mohalla -Naya Tola, ward no-12,P.S. and
District-Lakhisarai
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Md Irshad, Advocate
For the State : Mrs. Pushpa Sinha, APP
For the Informant : Mrs. Deepanjali Gupta, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 17-01-2026 Heard Mr. Md. Irshad, learned counsel for the
petitioner and Mrs. Deepanjali Gupta, learned counsel
representing the informant beside learned APP.
2. The petitioners are apprehending their arrest in
connection with Lakhisarai P.S. Case No. 186 of 2025 registered
for the offence under Sections 126(2), 115(2), 74, 352, 351(2)
and 3(5) of the B.N.S., lodged on 24.04.2025 by the informant,
Soni Kumari.
3. As per the complaint, the lady who is daughter-in-
law of the petitioner nos. 1 and 2 alleged in the complaint that
Patna High Court CR. MISC. No.55878 of 2025(4) dt.17-01-2026
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on 23.04.2025, the accused assaulted, threw her mobile and the
father-in-law also wanted to outrage her modesty. When this
was informed to the mother-in-law, the family members
assaulted her. This led to the complaint.
4. Earlier, after the appearance of the opposite party
no.2, on 10.12.2025, the matter was sent to the Mediation
Centre with consent.
5. The Mediator’s report dated 05.01.2026 has come,
according to which, the couple alongwith the accused appeared
and they have signed documents which shows that the lady is
now staying with her husband who has assured that she will be
kept with full love and affection and dignity. The Mediator has
recorded that the mediation succeeded.
6. Allegation is there, the petitioners shall be facing
the music, in view of the aforesaid development that has taken
place, this Court is inclined to extend them the privilege of
anticipatory bail.
7. Let the petitioners be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) each with two sureties of like amount each to the
satisfaction of learned Chief Judicial Magistrate, Lakhisarai, in
Patna High Court CR. MISC. No.55878 of 2025(4) dt.17-01-2026
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connection with Lakhisarai P.S. Case No. 186 of 2025 subject to
the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioners shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of their
bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U T
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