Patna High Court
Rekha DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioners subject to conditions under Section 438(2) of the Cr.P.C.
Summary
The petitioners, three women named Rekha Devi, Kalyani Devi and Bibhuti Kumari, sought anticipatory bail fearing arrest in a case (Narpatganj P.S. Case No. 212 of 2025) involving alleged assaults under several sections of the BNS, 2023. The prosecution alleged that Fanilal Yadav assaulted Sudhir Yadav, causing grievous injury, and that the petitioners assaulted Pradeep Yadav, causing injury to his hand. The petitioners argued that the main allegation of grievous assault was against Fanilal Yadav and that the injury to Pradeep Yadav was minor. The court considered the gender of the petitioners, the nature of the injuries, and the pending anticipatory bail application of Fanilal Yadav, which had been rejected. It decided to grant anticipatory bail to the three petitioners, subject to a cash bond, sureties, and strict conditions under Section 438(2) of the Criminal Procedure Code. The order directs that the bail be released within four weeks of arrest or surrender, provided the conditions are complied with.
Issues considered
- Whether anticipatory bail can be granted to the petitioners despite the allegations of assault under the BNS, 2023.
- Whether the severity of the alleged injuries influences the grant of anticipatory bail.
- Whether Section 438(2) of the Criminal Procedure Code applies to the petitioners in this case.
Legislation cited
Subjects
- anticipatory bail
- assault
- Criminal Procedure Code
- Section 438
- gender
- bail conditions
- Bihar
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74895 of 2025
Arising Out of PS. Case No.-212 Year-2025 Thana- NARPATGANJ District- Araria
======================================================
1. Rekha Devi W/O Fanilal Yadav R/O Village- Ramghat Jharkaha, Ward no-
1,P.S- Narpatganj, Dist- Araria.
2. Kalyani Devi @ Kalyani Kumari D/O Fanilal Yadav R/O Village- Ramghat
Jharkaha, Ward no-1,P.S- Narpatganj, Dist- Araria.
3. Bibhuti Kumari D/O Fanilal Yadav R/O Village- Ramghat Jharkaha, Ward
no-1,P.S- Narpatganj, Dist- Araria.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rabi Bhushan, Adv.
For the Opposite Party/s : Mr. Renuka Ratnakar (App 125)
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 20-02-2026 Heard learned Counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in connection
with Narpatganj P.S. Case No. 212 of 2025 for the offence
registered under sections 126(2), 115(2), 118(1), 117(2), 109, 352,
351(2), 3(5) of BNS, 2023.
3. As per the prosecution story, the informant alleged
that when she had gone to the field, the accused persons armed
variously came and Phani Lal Yadav assaulted the brother-in-law
(bhaisur) of the informant, namely, Sudhir Yadav whereas these
petitioners assaulted Pradeep Yadav. This led to the FIR.
4. Learned Counsel for the petitioners submit that the
Patna High Court CR. MISC. No.74895 of 2025(4) dt.20-02-2026
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injury inflicted by Fanilal Yadav to Sudhir Yadav has been found
to be grievous in nature whereas the injury of Pradeep Yadav has
been found to be on the hand though FIR shows that it was
intended for the head.
5. Learned counsel for the informant, on the other hand,
submits that allegation of assault is also on these three petitioners
who inflicted blow on Pradeep Yadav and further, the anticipatory
bail application of Fanilal Yadav was rejected on 28.01.2026 in Cr.
Misc. No. 91121 of 2025.
6. Let the same be kept on record.
7. Considering the submissions of the parties as also
that all three petitioners are ladies, the main allegation is against
Fani Lal Yadav that he gave blow to Sudhir Yadav who suffered
grievous injury, allegation of assault against these petitioners is/are
on the hand of Pradeep Yadav, in that background, this Court is
inclined to grant them the anticipatory bail with conditions.
8. 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 C.J.M., Araria in connection
with Narpatganj P.S. Case No. 212 of 2025 subject to condition as
laid down under Section 438(2) of the Cr.P.C.
Patna High Court CR. MISC. No.74895 of 2025(4) dt.20-02-2026
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(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document to show his/her bona fide;
(ii) the petitioner(s) shall be appearing before the Police
Station as and when required for co-operating in the investigation;
(iii) the petitioner 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;
(iv) the petitioner 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;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty to
take steps for cancellation of his bail bonds.
(Rajiv Roy, J)
Vijay Singh/-
U T
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