Patna High Court
Kanti Devi @ Kunti DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court granted bail to the petitioner, subject to bond and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Summary
Kanti Devi, an 80‑year‑old woman, filed a bail petition after learning that she was implicated in a case (PS 213/2024) under multiple sections of the Bharatiya Nyaya Sanhita, including offences of murder, attempt to murder and assault. The FIR alleges that the informant was intercepted and assaulted by co‑accused, and that Kanti Devi and her family were involved in a brick‑batting incident. The petitioner contended that she is innocent, that the case stems from a long‑standing family dispute, and highlighted a ten‑day delay in lodging the FIR without justification. She also pointed out that a co‑accused, Sugapati Devi, had already been granted anticipatory bail in a similar matter. The State opposed the bail, but the court, after considering the facts and the petitioner’s clean antecedents, ordered her release on bail subject to a bond of Rs 10,000 and two sureties, invoking Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita.
Issues considered
- Whether the petitioner is entitled to bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita despite the serious charges under the Bharatiya Nyaya Sanhita.
- Whether the delay in filing the FIR and the alleged personal dispute justify granting bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109(1), 115(2), 117(2), 126(2), 302(2), 3(5), 351(2), 352
Subjects
- bail
- anticipatory bail
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- elderly petitioner
- false implication
- delay in FIR
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60608 of 2025
Arising Out of PS. Case No.-213 Year-2024 Thana- KAKO District- Jehanabad
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Kanti Devi @ Kunti Devi W/o Rambtar Yadav @ Late Ram Awtar Yadav R/o
vill - Mahmudpur, P.S.- Kako, Distt.- Jehanabad
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Om Prakash Singh, Advocate
For the Opposite Party/s : Mr. Rajesh Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 08-01-2026 Heard learned counsel for the petitioner and
learned A.P.P. for the State.
2. The petitioner apprehends his arrest in a case
registered under Sections 126(2), 115(2), 117(2), 109(1), 302(2),
352, 351(2), 3(5) of the Bharatiya Nyaya Sanhita.
3. As per the F.I.R., on the date of occurrence ,
when the informant was returning after withdrawing Rs.
20,000/- from his account, in the meanwhile, co-accused Arun
Kumar and his two sons along with other 2-3 unknown persons
intercepted him. It is alleged that co-accused Chandan Kumar
fired upon the informant but it got misfired and co-accused
Kundan Kumar assaulted the informant with knife resulting into
injury in the stomach of the informant. Allegation against the
petitioner and her family members is of brick batting.
Patna High Court CR. MISC. No.60608 of 2025(2) dt.08-01-2026
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4. Learned counsel appearing on behalf of the
petitioner submits that petitioner is innocent and has falsely
been implicated in the present case. Further submission is that
petitioner and informant are agnates and due to longstanding
dispute between them, the present case has been lodged. There
is an inordinate delay of 10 days in lodging the F.I.R. without
any plausible explanation. Similarly situated co-accused
Sugapati Devi has already been granted anticipatory bail by a
Co-ordinate Bench of this Court vide order dated 04.12.2024
passed in Cr. Misc. No. 81178 of 2024. Petitioner is an old lady
aged about 80 years having clean antecedent and she undertakes
to cooperate in the proceedings of the Court.
5. Learned A.P.P. for the State opposed the prayer for
bail.
6. Having considered the facts and circumstances of
the case and submissions of learned counsel for the parties, let
the above named petitioner be released on bail, in the event of
arrest or surrender before the learned court below within a
period of six weeks from today, on furnishing bail bond of
Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like
amount each to the satisfaction of learned S.D.J.M., Jehanabad
in connection with Kako P.S. Case No. 213 of 2024, subject to
Patna High Court CR. MISC. No.60608 of 2025(2) dt.08-01-2026
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the conditions as laid down under Section 482(2) of the
Bharatiya Nagarik Suraksha Sanhita.
(Sunil Dutta Mishra, J)
utkarsh/-
U T
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