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Patna High Court

Rekha DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

  • BNS, 2023 — s. 109, 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352
  • Cr.P.C. — s. 438(2)

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
                                            2/3




          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
                                                       3/3




                                  (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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