Patna High Court
Bhawani Devi @ Bhagwan DaiversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJIV ROY
Holding
The court granted anticipatory bail to the petitioner subject to specified conditions.
Summary
The petitioner, Bhawani Devi, sought anticipatory bail fearing arrest in a criminal case (PS‑302/2025) alleging assault and other offences under sections 115(2), 126(2), 109(1), 352 and 3(5) of the BNS, filed by her daughter‑in‑law Jyoti Jha. The prosecution alleged that the petitioner entered the informant’s room and assaulted her, causing a head injury. The petitioner argued that the incident was a minor family dispute, the injury was simple, and she was willing to contribute Rs 10,000 for the informant’s medical expenses. The court, considering the petitioner’s age, the nature of the injury and the family context, decided to grant anticipatory bail with a set of conditions, including a payment of Rs 10,000, a bail bond with two sureties, and compliance with procedural requirements. The order also stipulated that any breach of conditions could lead to cancellation of the bail.
Issues considered
- Whether anticipatory bail should be granted to the petitioner in view of the alleged offences and the circumstances of a family dispute
- Whether imposing a monetary contribution to the informant and other conditions is permissible under bail law
Legislation cited
- BNS — s. 109(1), 115(2), 126(2), 3(5), 352
Subjects
- anticipatory bail
- assault
- family dispute
- bail conditions
- Bihar criminal law
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.7918 of 2026
Arising Out of PS. Case No.-302 Year-2025 Thana- MADHUBANI TOWN District-
Madhubani
======================================================
Bhawani Devi @ Bhagwan Dai Wife of Late Surendra Jha R/o - Ram Janki
Colony, Ward No.4, Magrauni Road, P.S - Madhubani Town, District -
Madhubani P/A- Resident of village- Belauza, Ps- Patuna, Dist- Madhubani
... ... Petitioner/s
Versus
1. The State of Bihar
2. Jyoti Jha Wife of Girjanand Jha R/o - Ram Janki Colony, Ward No.4,
Magrauni Road, P.S - Madhubani Town, near vivekanand school, District -
Madhubani
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar Jha, Advocate
For the Opposite Party/s : Mr. Pushpa Sinha, APP
For the Informant : Mr. Shailendra Kumar Jha, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
3 01-04-2026 Heard the parties.
2. The petitioner is apprehending her arrest in
connection with Madhubani Town P.S. Case No. 302 of 2025 for
the offence under sections 115(2), 126(2), 109(1), 352 and 3(5)
of the BNS lodged on 15.07.2025 by the informant, Jyoti Jha.
3. As per the prosecution story, the daughter-in-law,
informant alleged that on the fateful day, the family members
including this petitioner entered her room and after abuse, the
assault. Allegation against this petitioner if of assaulting on the
head causing injury. This led to the FIR.
4. Earlier, the Coordinate Bench had called for the
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case diary and the same has been received.
5. Learned counsel for the petitioner submits that a
minor family dispute has been given a different colour. The
injury has been found to be simple in nature, she is an old lady,
mother-in-law, will take utmost care of the informant-daughter-
in-law and the last submission is that without accepting the
allegation and/or the outcome of the present petition in view of
the fact that the informant’s side has alleged injuries, the
petitioner on its own would like to contribute Rs. 10,000/-
towards the medical assistance through Demand Draft issued by
the local State Bank of India/any Nationalized Bank branch to
be submitted before the ‘NAZARAT’ of concerned Court to be
handed over to the informant after checking the credentials.
6. Learned counsel for the informant though opposes
the prayer submits that despite all the difficulty, she would like
to continue with the family.
7. Taking into account the submissions of the parties
as also the age of the lady as also the injury has been found to
be simple in nature, in that background, this Court is inclined to
extend her the privilege of anticipatory bail with conditions
subject to payment of Rs. 10,000/- as undertaken by the learned
counsel for the petitioner to be paid by Demand Draft of local
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State Bank of India branch/any Nationalized bank branch to be
submitted to the Trial Court and to be handed over to the
informant.
8. Let the petitioner be released on bail in the event of
arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Chief Judicial Magistrate, Madhubani in
connection with Madhubani Town P.S. Case No. 302 of 2025
subject to the following conditions:
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhaar Card/Voter ID Card/Pan Card/Driving
License) to show his/her bona fide;
(ii) 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 her
bail bond by the Trial Court itself;
(iii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iv) the petitioner shall in no way try to induce or
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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 her bail bonds.
(Rajiv Roy, J)
Adnan/-
U T
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