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Patna High Court

Anita DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail is to be granted to the petitioners subject to a bond and conditions under Section 482(2) of the BNSS.

Summary

The petitioners, Anita Devi and Saksham Kumar, sought bail after being implicated in a FIR alleging their involvement in a violent assault that resulted in the death of the informant's husband. The prosecution alleged that the petitioners, along with several co‑accused, attacked the husband, tied him, and inflicted grievous injuries, after which he later died in hospital. The petitioners contended that they were innocent, that the informant was not an eye‑witness, and that the complaint was motivated by a prior dispute involving the informant’s son. The court noted the petitioners' clean antecedent, the lack of direct evidence against them, and the possibility of false allegations, and applied Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita. Accordingly, the court ordered that the petitioners be released on bail upon furnishing a bond of Rs.10,000 with two sureties, subject to the usual conditions.

Issues considered

  • Whether bail should be granted to the petitioners under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita in view of the nature of the accusations and their clean antecedent.
  • Whether the FIR allegations against the petitioners are substantiated or constitute a false complaint.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • false complaint
  • clean antecedent
  • Section 482
  • BNSS
  • Arms Act
  • assault
  • homicide

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.74564 of 2025
                     Arising Out of PS. Case No.-95 Year-2025 Thana- LAUKAHI District- Madhubani
               ======================================================
           1 . Anita Devi W/o Ravindra Chaudhary R/o Village- Mansapur, PS- Laukahi,
                District- Madhubani
           2.    Saksham Kumar @ Saksham Chaudhary S/o- Ravindra Chaudhary R/o
                 Village- Mansapur, PS- Laukahi, District- Madhubani

                                                                                 ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Ravi Prakash, Advocate
                 For the Opposite Party/s :      Mr. Nirmala Kumari , APP
                 For informant            :      Mr. Binay Kumar , Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   16-01-2026                    Heard learned counsel for the petitioners, informant

                   and the State .

                                2. Petitioners apprehend their arrest in a case

                   registered for the offence punishable under sections 126(2),

                   115(2), 76, 303(2), 103(1), 351(2), 3(5), 61(2) of the BNS and

                   25(1-b)a/26/35 Arms Act.

                                3 . As per prosecution case, on 11.05.2025 at about

                   12.00 noon, when husband of the informant was going to his

                   newly constructed house from his old house on a bicycle

                   carrying some belongings, these petitioners along with other co-

                   accused       persons      namely     Rupesh       Chaudhary,        Ravindra

                   Chaudhary Durganand Chaudhary @ Bhaglu Chaudhary, Raja
Patna High Court CR. MISC. No.74564 of 2025(3) dt.16-01-2026
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          Chaudhary along with about five unknown persons intercepted

          him, abused him, pushed him to the ground and dragged him to

          the courtyard of Rupesh Chaudhary. They tied him with a rope

          and assaulted him with iron rod, handle of kudali and farsa with

          intent to kill, due to which he sustained grievous injuries on

          both legs and spine and became unconscious. When informant

          reached the place of occurrence on getting information, she was

          also assaulted, dragged by her hair, pushed to the ground and

          stripped by co-accused Rupesh Chaudhary and her gold

          mangalsutra was also snatched. Accused persons planted pistol

          and cartridge on her husband and falsely informed the police

          that husband and wife had come to kill him (accused). Both the

          injured were taken to PHC Laukahi for treatment from where

          her husband was referred to DMCH Darbhanga where he

          succumbed to injuries during treatment.

                       4. Learned counsel appearing for the petitioners

          submitted that petitioners are innocent and have committed no

          offence as alleged. From perusal of the FIR, it is clear that the

          informant is not eye witness of the occurrence . As a matter of

          fact, prior to this occurrence, son of informant kidnapped

          daughter of co-accused Ravindra Chaudhary for which he has

          lodged case against the informant and to save skin , informant
            Patna High Court CR. MISC. No.74564 of 2025(3) dt.16-01-2026
                                                        3/3




                      has lodged this case against these petitioners and his family

                      members with false allegation . Petitioner No. 1 is wife and

                      petitioner No. 2 is brother of co-accused Ravindra Chaudhary.

                      No specific allegation of assault is against these petitioners.

                      Petitioners claim clean antecedent.

                                   5 . Learned counsel for the State as well as informant

                      opposed the bail petition .

                                     6 Considering the nature of accusation, clean

                      antecedent of these petitioners and other circumstances of the

                      case , in the event of arrest or surrender within eight weeks from

                      today, let the petitioners, as named above, be enlarged on bail on

                      furnishing bail bond of Rs.10,000/-(ten thousand) each with two

                      sureties of the like amount each to the satisfaction of the learned

                      ACJM Ist Jhanjharpur, District- Madhubani in connection with

                      Laukahi P.S. Case No. 95 of 2025 , subject to the conditions

                      laid down under section 482 ( 2 ) of the Bharatiya Nagarik

                      Suraksha Sanhita ( BNSS) , 2023 .



                                            (Prabhat Kumar Singh, J)
Koushik/-

U      T


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