Patna High Court
Sonu DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SONI SHRIVASTAVA
Holding
The court granted anticipatory bail to the petitioner, subject to a bail bond, sureties and conditions of cooperation with the investigation.
Summary
The petitioner, Sonu Devi, sought anticipatory bail after a FIR alleged that she, along with others, entered the informant’s land, abused, assaulted, and attempted to outrage the informant’s modesty. She contended that she is the rightful landowner and the case was fabricated to facilitate a land grab, asserting that the more serious allegations of outraging modesty pertained to other accused and that no injuries were reported. The State opposed the bail, but the court noted the absence of serious allegations against the petitioner, her lack of criminal antecedents, and her status as a woman. Considering these factors, the court granted anticipatory bail subject to a bail bond, sureties, and cooperation with the investigation. The order was made under Section 438 of the CrPC and Section 482(2) of the B.N.S. Act, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner despite the FIR containing multiple serious offences.
- Whether the petitioner poses a risk of fleeing, tampering with evidence, or influencing the investigation.
- Whether the allegations against the petitioner are substantiated enough to deny bail.
Legislation cited
- B.N.S. Act, 2023 — s. 3(5), 482(2)
- Code of Criminal Procedure, 1973 — s. 438
- Indian Penal Code — s. 303(2), 315(2), 318, 336, 338, 340, 352, 76
Subjects
- anticipatory bail
- land dispute
- false case
- assault
- Indian Penal Code
- Section 438 CrPC
- Section 482 B.N.S.
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 7474 of 2026
Arising Out of PS. Case No.-90 Year-2025 Thana- BANKA District- Banka
======================================================
Sonu Devi Wife of Late Rati Lal choudhary @ Rati Nath choudhary Resident
Of Village -Jagatpur, Ps -Banka, Dist -Banka
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurabh Raj, Advocate
For the Opposite Party/s : Mr.Arun Kumar Pandey, A.P.P
======================================================
CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
ORAL ORDER
2 04-02-2026 Heard Mr. Saurabh Raj, the learned advocate for the
petitioner and Mr. Arun Kumar Pandey, the learned A.P.P. for the
State.
2. The petitioner apprehends her arrest in a case
registered under Sections 318, 338, 336, 340, 76, 315(2), 303(2), 352
and 3(5) B.N.S.
3. The allegation in the First Information Report is that
the accused persons including the present petitioner came on the land
of the informant and started abusing her and even indulged in assault
and tried to outrage the modesty of the informant.
4. Learned counsel for the petitioner submits at the
outset that the petitioner is the actual owner of the land and only with
a view to grab the said land the present false case has been filed
against the petitioner and others. Moreover, the allegation of
outraging and disrobing etc. is directed against the other accused
Patna High Court CR. MISC. No. 7474 of 2026(2) dt.04-02-2026
2/2
persons and not the present petitioner. So far as the allegation of
assault is concerned, no injuries has been discussed.
5. The application for anticipatory bail is opposed by
learned A. P.P. for the State.
6. Taking into consideration the facts and circumstances
and also considering the fact that there are no serious allegations
against the present petitioner who is a lady, let the petitioner having
no criminal antecedent, in the event of her arrest or surrender before
the learned Court below within a period of four weeks, be released on
anticipatory bail in connection with Banka P.S. Case No. 90 of 2025
on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with
two sureties of the like amount each to the satisfaction of the learned
Court below where the case is pending subject to the condition laid
down under Section 438(2) of the Code of Criminal
Procedure/Section 482(2) of the B.N.S.S, 2023, subject to the
conditions that the petitioner would cooperate in the investigation .
(Soni Shrivastava, J)
vashudha/-
U T
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