Patna High Court
Kaili DeviversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The court granted anticipatory bail to petitioners 1 and 5, subject to conditions, and dismissed the application as withdrawn for petitioners 2, 3 and 4.
Summary
The petitioners, comprising five members of the Manjhi family, feared arrest in connection with a criminal case (PS No. 444 of 2024) alleging offences under several sections of the Bihar Negotiable Statutes (BNS) and the Witchcraft Act. The prosecution alleged that the petitioners assaulted a victim by accusing her of being a witch. The petitioners filed an application for bail, later withdrawing it for petitioners 2, 3, and 4. The court dismissed the application as withdrawn for those three petitioners but considered the application for petitioners 1 (Kaili Devi) and 5 (Rajo Devi), who are women facing a general allegation. The court allowed bail for petitioners 1 and 5, subject to a bond of Rs. 10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482 of the BNS. The order directs release on bail if they are arrested or surrender within four weeks.
Issues considered
- Whether anticipatory bail can be granted to petitioners 1 and 5 under Section 438(2) CrPC and Section 482 of the BNS in the pending case.
- Whether the application can be dismissed as withdrawn for petitioners 2, 3 and 4.
Legislation cited
- Bihar Negotiable Statutes (BNS) — s. 110, 117(2), 126(2), 190, 191(2), 303(2), 324(4), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- Section 438 CrPC
- Section 482 BNS
- Witchcraft Act
- Criminal procedure
- Bihar High Court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63773 of 2025
Arising Out of PS. Case No.-444 Year-2024 Thana- BELAGANJ District- Gaya
======================================================
1. Kaili Devi W/O Nanhak Manjhi Resident of Village- Dhanawan, P.S.-
Belaganj, Dist.- Gaya
2. Mirtunjay Manjhi S/O Nanhak Manjhi Resident of Village- Dhanawan, P.S.-
Belaganj, Dist.- Gaya
3. Anil Manjhi S/O Nanhak Manjhi Resident of Village- Dhanawan, P.S.-
Belaganj, Dist.- Gaya
4. Nanhak Manjhi S/O Late Sitam Manjhi Resident of Village- Dhanawan,
P.S.- Belaganj, Dist.- Gaya
5. Rajo Devi W/O Anil Manjhi Resident of Village- Dhanawan, P.S.- Belaganj,
Dist.- Gaya
... ... Petitioner/s
Versus
The State of Bihar Patna
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Nityanand Neeraj
For the Opposite Party/s : Mr.Awadhesh Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
4 21-01-2026 Heard learned counsel for the petitioners and
learned APP for the State.
2. The petitioners apprehend their arrest in
connection with Belaganj P.S. Case No. 444 of 2024 registered
for the offence under Sections 191(2), 190, 126(2), 117(2), 110,
303(2), 324(4) of the BNS and ¾ of the Witchcraft Act.
3. As per the prosecution case, the petitioners are
said to have assaulted the victim by alleging that she is a witch.
4. Learned counsel for the petitioners, at the very
Patna High Court CR. MISC. No.63773 of 2025(4) dt.21-01-2026
2/2
outset, prays for and is permitted to withdraw this application
filed on behalf of the petitioner nos. 2, 3 and 4.
5. Accordingly, this application is dismissed as
withdrawn with regard to the petitioner nos. 2, 3 and 4.
6. So far as petitioner nos. 1 and 5 are concerned,
they are woman and there is general and omnibus allegation
against them.
7. Considering the aforesaid facts, this application
is allowed with regard to petitioner nos. 1 and 5 only.
8. Let the petitioner nos. 1 and 5, above named, in
the event of their arrest or surrender before the concerned Court
below within four weeks from today, be released on bail on
furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two
sureties of the like amount each to the satisfaction of the learned
CJM, Gaya/concerned Court below in connection with Belaganj
P.S. Case No. 444 of 2024, subject to the conditions laid down
in Section 438(2) of the Code of Criminal Procedure, 1973 /
Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
U
Checking your session…