Patna High Court
Shyama KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The Court grants anticipatory bail to all petitioners subject to conditions under Section 438(2) of the Criminal Procedure Code.
Summary
The petitioners, a group of seventeen women from Kargil Tola, sought anticipatory bail fearing arrest in connection with FIR No.95 of 2025 filed under multiple IPC sections and a threat allegation under the SC/ST Act. The FIR alleged that the women, in a land‑dispute context, threatened the informant with dire consequences if he approached the disputed site, leading to charges of assault, extortion and other offences. The petitioners argued that the FIR merely recorded a single line of alleged joint threat and that the law was being misused; they also highlighted that some co‑accused had already obtained relief in a related case. The State opposed the bail, contending that the alleged threat under the SC/ST Act warranted denial of anticipatory bail. The Court, noting the petitioners’ lack of criminal antecedents and the limited role ascribed to them, granted anticipatory bail under Section 438(2) of the CrPC with specific conditions regarding sureties, appearance, non‑interference with witnesses and abstention from further offences.
Issues considered
- Whether anticipatory bail can be granted to the petitioners under Section 438 CrPC despite allegations of threatening the informant under the SC/ST Act.
- Whether the nature of the alleged threat and the charges under multiple IPC sections justify denial of bail.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 111, 115(2), 126(2), 308(3), 329(3), 3(5), 351(2), 351(3), 352
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989
Subjects
- anticipatory bail
- Section 438
- SC/ST Act
- women accused
- land dispute
- threat allegation
- bail conditions
- Criminal Procedure Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68285 of 2025
Arising Out of PS. Case No.-95 Year-2025 Thana- MORKAHI District- Khagaria
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1. Shyama Kumari W/O Sattan Sada R/O Village- Kargil Tola Narayana, P.S-
Morkahi, Distt.- Khagaria.
2. Manju Devi W/O Sattan Sada R/O Village- Kargil Tola Narayana, P.S-
Morkahi, Distt.- Khagaria.
3. Sudha Devi W/O Harish Chandra Sada R/O Village- Kargil Tola Narayana,
P.S- Morkahi, Distt.- Khagaria.
4. Dukhni Devi W/O Dorik Sada R/O Village- Kargil Tola Narayana, P.S-
Morkahi, Distt.- Khagaria.
5. Bimla Devi W/O Sultan Sada R/O Village- Kargil Tola Narayana, P.S-
Morkahi, Distt.- Khagaria.
6. Annu Devi W/O Nitish Sada R/O Village- Kargil Tola Narayana, P.S-
Morkahi, Distt.- Khagaria.
7. Mina Devi W/O Ram Ratan Sada R/O Village- Kargil Tola Narayana, P.S-
Morkahi, Distt.- Khagaria.
8. Kiran Devi W/O Manohar Sada R/O Village- Kargil Tola Narayana, P.S-
Morkahi, Distt.- Khagaria.
9. Geeta Devi W/O Dinesh Sada R/O Village- Kargil Tola Narayana, P.S-
Morkahi, Distt.- Khagaria.
10. Hira Devi W/O Manoj Sada R/O Village- Kargil Tola Narayana, P.S-
Morkahi, Distt.- Khagaria.
11. Kagti Devi W/O Rambadan Sada @Ram Badhan Sada R/O Village- Kargil
Tola Narayana, P.S- Morkahi, Distt.- Khagaria.
12. Sunita Devi W/O Arun Sada R/O Village- Kargil Tola Narayana, P.S-
Morkahi, Distt.- Khagaria.
13. Nilam Devi W/O Ramu Sada R/O Village- Kargil Tola Narayana, P.S-
Morkahi, Distt.- Khagaria.
14. Gita Devi W/O Shankar Sada R/O Village- Kargil Tola Narayana, P.S-
Morkahi, Distt.- Khagaria.
15. Chanchal Devi W/O Sikandar Sada R/O Village- Kargil Tola Narayana, P.S-
Morkahi, Distt.- Khagaria.
16. Kiran Devi W/O Manohar Sada R/O Village- Kargil Tola Narayana, P.S-
Morkahi, Distt.- Khagaria.
17. Amrita Devi W/O Sanoj Sada R/O Village- Kargil Tola Narayana, P.S-
Morkahi, Distt.- Khagaria.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
Patna High Court CR. MISC. No.68285 of 2025(4) dt.11-02-2026
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======================================================
Appearance :
For the Petitioner/s : Mr. Ranjeet Kumar Singh, Adv.
For the Opposite Party/s : Mr. Binod Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 11-02-2026 Heard Mr. Ranjeet Kumar Singh, learned Counsel
for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection
with Morkahi P.S. Case No. 95 of 2025 for the offence
registered under sections 329(3), 126(2), 115(2), 111, 308(3),
351(2), 351(3), 352, 3(5) of BNS lodged on 02.07.2025 by the
informant, Raman Kumar.
3. As per the prosecution story, the informant alleged
that due to land dispute between the parties, the named accused
came and assaulted and further demanded extortion of Rs.
5,00,000/-. The allegation against all these petitioners who are
ladies is in the last column that they threatened of dire
consequences under the SC/ST Act if the informant came at the
place. This led to the FIR.
4. Learned Counsel for the petitioners submit that a
perusal of the FIR would show that how the process of the law
has been misused by each and every member in the column of
the name of the accused while recording just one line against
them that they jointly threatened the informant of dire
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consequences. The further submission is that some of the co-
accused have been extended relief by a Co-ordinate Bench in
Cr. Misc. No. 66646 of 2025 on 17.09.2025. Let the same be
kept on record.
5. Learned APP for the State, on the other hand,
opposes the prayer for anticipatory bail submitting that though
omnibus, allegation of threatening to implicate under SC/ST act
is there.
6. Considering the submissions of the parties as also
that all the 16 petitioners are ladies having no criminal
antecedent, no role has been assigned save and except the
threatening posture, in that background, this Court is inclined to
grant them the anticipatory bail with conditions.
7. Let the petitioners in the event of arrest or
surrender within a period of four weeks from the date of receipt
of the order, shall be released on anticipatory bail on furnishing
bail of Rs. 10,000/- (ten thousand) each with two sureties of the
like amount each to the satisfaction of the learned Additional
Chief Judicial Magistrate-1st, Khagaria in connection with
Morkahi P.S. Case No. 95 of 2025 subject to condition as laid
down under Section 438(2) of the Cr.P.C.
(i) one of the bailor should be the family
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members/relatives of the petitioners, who shall provide official
document (Aadhar Card, PAN Card, Driving License, Voter ID)
to show his 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 his 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 the bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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