Patna High Court
Puniya Devi @ Poonam DeviversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail is granted to petitioners 1 and 5 but denied to petitioners 2, 3 and 4 due to specific allegations of outraging modesty and grievous injury.
Summary
The petitioners, five individuals including two women, applied for anticipatory bail in a case alleging assault, grievous injury, and outraging the modesty of a minor. The FIR listed offences under multiple sections of the Bhartiya Nyaya Sanhita, 2023. The court examined the specific allegations against each petitioner, noting that no particular charge was made against the two women, while the men faced accusations of outraging a minor and causing serious injury. Relying on Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, the court granted anticipatory bail to petitioners 1 and 5, imposing bail conditions, but denied bail to petitioners 2, 3, and 4. The application was allowed in part, with bail granted to the women and dismissed for the men.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the allegations.
- Whether the specific allegations of outraging modesty and causing grievous injury preclude the grant of anticipatory bail to certain petitioners.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126, 190, 191(2), 191(3), 303(2), 329(4), 351(3), 352, 76
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- Bhartiya Nyaya Sanhita
- assault
- outraging modesty
- grievous injury
- gender
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.64695 of 2025
Arising Out of PS. Case No.-517 Year-2024 Thana- PALIGANJ District- Patna
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1. Puniya Devi @ Poonam Devi W/o Siya Vallam Paswan Resident of Village-
Izarata, P.S-Paliganj, Dist-Patna
2. Santosh Paswan @ Santosh Kumar S/o Siya Vallam Paswan Resident of
Village-Izarata, P.S-Paliganj, Dist-Patna
3. Raju Paswan @ Raju Kumar S/o Siya Vallam Paswan Resident of Village-
Izarata, P.S-Paliganj, Dist-Patna
4. Siya Vallam Paswan S/o Late Vaskit Paswan @ Late Bankil Paswan
Resident of Village-Izarata, P.S-Paliganj, Dist-Patna
5. Fulpanti Devi @ Fulpanti Kumari @ Fulanti Devi @ Fulmanti Devi W/o
Santosh Paswan Resident of Village-Izarata, P.S-Paliganj, Dist-Patna
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Prem Ranjan Kumar
For the Opposite Party/s : Mr.Zainul Abedin
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
4 24-02-2026 1. Heard learned Counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Paliganj Police Station Case No. 517 of 2024, dated
21.12.2024, disclosing offences punishable under
Sections 191(2)/191(3)/190/126/115(2)/76/109/329(4)/
303 (2)/352/351(3) of the Bhartiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report,
is that on 30.11.2024, when the daughter-in-law of the
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informant returned to her home from the market, the
petitioners, along with other accused persons, variously
armed, entered into the house and tried to outrage her
modesty and started assaulting her by means of lathi and
iron rod. When the informant tried to save her, all the
accused persons assaulted her by lathi, iron rod on her
head and body, due to which both of her hands got
fractured. When the grandson of the informant came in
their rescue, the accused persons also assaulted him. The
petitioner nos. 2 and 3 outraged the modesty of the grand
daughter of the informant and assaulted her too.
4. Learned Counsel for the petitioner submits that the
petitioners are innocent and have falsely been implicated
in this case due to previous enmity and land dispute. He
further submits that the allegation of assault is general
and omnibus in nature. He further submits that though it
has been alleged in the First Information Report that all
the accused persons assaulted the daughter-in-law,
grandson, grand daughter of the informant and the
informant herself, but the prosecution has been able to
produce on record the injury caused to the informant,
which is fracture of her right arm, and that is non-vital
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part of the body.
5. On the other hand, learned Additional Public Prosecutor
vehemently opposes the prayer for anticipatory bail and
submits that there is specific allegation against the
petitioner nos. 2 and 3 of outraging the modesty of the
minor grand daughter of the informant and due to the
assault made by the accused persons, the informant has
sustained grievous injury.
6. Regards being had to the submissions advanced on behalf
of the parties and taking into consideration the fact that
the petitioner nos. 1 and 5 are ladies and there is no
specific allegation against them, I am inclined to grant the
petitioner nos. 1 and 5 privilege of anticipatory bail.
7. This application is, accordingly, allowed.
8. Let the petitioner nos. 1 and 5, above named, in the event
of their arrest or surrender before the Court below within
a period of four weeks from today, be released on bail on
furnishing bail bonds of Rs. 10,000/- (ten thousand) each
with two sureties of the like amount each to the
satisfaction of learned Sub Divisional Judicial Magistrate,
Danapur, Patna, in connection with Paliganj Police
Station Case No. 517 of 2024, subject to the condition
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laid down under Section 482 (2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
9. However, considering the fact that there is specific
allegation of outraging the modesty of the minor grand
daughter of the informant and the informant has received
grievous injury, I am not inclined to grant the petitioner
nos. 2, 3 and 4 privilege of anticipatory bail.
10.This application, so far as petitioner nos. 2, 3 and 4 are
concerned, is hereby dismissed.
(Anil Kumar Sinha, J.)
Prabhakar Anand/-
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