Patna High Court
Buchi DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail is granted to the petitioner subject to the conditions specified.
Summary
Buchi Devi, wife of Arvind Bind, applied for anticipatory bail after an FIR was lodged a month later alleging she assaulted an informant and his brother during a family dispute. The FIR charges her under Sections 190, 191(2), 109, 74, 303(2) and 117(2) of the Bharatiya Nyaya Sanhita. She contended that the allegations were vague, there was no specific overt act mentioned, and the delay in filing the FIR cast doubt on the prosecution's case, while also asserting a clean antecedent. The State opposed the bail application. Considering the nature of the accusation, the delay, and her clean record, the Court granted anticipatory bail, directing that if she is arrested or surrenders within eight weeks, she may be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the delay in filing the FIR and the vague nature of the allegations justify granting bail.
- Whether the petitioner is likely to flee or tamper with evidence.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita — s. 109, 117(2), 190, 191(2), 303(2), 74
Subjects
- anticipatory bail
- FIR delay
- assault
- criminal procedure
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- Section 482
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6383 of 2026
Arising Out of PS. Case No.-76 Year-2025 Thana- Mau District- Gaya
======================================================
Buchi Devi Wife of Arvind Bind R/o Village - Panch Devta, P.S. - Tekari,
District - Gaya.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Vardhan, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 11-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 190, 191(2), 109, 74,
303(2), 117(2) of the Bharatiya Nyaya Sanhita.
3. As per F.I.R., altercation took place between the
parties due to dispute between children of both parties in which
it is alleged that this petitioner assaulted informant and his
brother.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Allegation
of assault is general and omnibus and there is no specific
allegation of overt act against petitioner. F.I.R. has been lodged
after inordinate delay of about one month which itself raises
doubt over veracity of the prosecution case. Petitioner is lady
Patna High Court CR. MISC. No.6383 of 2026(2) dt.11-02-2026
2/2
and claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of her arrest/surrender before the court below within a period of
eight weeks from today, be enlarged on bail on furnishing bail-
bond of Rs. 10,000/- (ten thousand) with two sureties of the like
amount each to the satisfaction of Judicial Magistrate, 1st Class,
Gaya in connection with Mau P. S. Case No. 76 of 2025, subject
to condition as laid down under Section 482(2) of the Bharatiya
Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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