Patna High Court

Rishu Kumari @ Rishu RaniversusThe State of Bihar

Decided: 21 January 2026
Disposal: BAIL GRANTED
Bench: SONI SHRIVASTAVA

Holding

The petitioner is entitled to anticipatory bail in the present case.

Summary

The petitioner, Rishu Kumari, a newly‑wed female student, feared arrest in a case (PS‑Dalsingsarai Case No. 305 2025) that alleged offences under several sections of the B.N.S., including assault on police personnel. The prosecution alleged that the accused had misbehaved and attacked police, causing injuries, but the specific assault allegation was directed at Manoj Kumar and Rishabh Raj, not the petitioner. The petitioner applied for anticipatory bail, arguing that the allegations against her were merely for misbehaviour and were false and baseless. The State opposed the application. The Court, noting the absence of a specific assault allegation against the petitioner and her personal circumstances, ordered that she be released on anticipatory bail if she surrenders within four weeks, subject to a bail bond of Rs 10,000 with two sureties and conditions under Section 438(2) of the CrPC and Section 482(2) of the B.N.S.S., 2023. The order thus grants anticipatory bail with stipulated conditions.

Issues considered

Whether the petitioner is entitled to anticipatory bail despite the pending charges under multiple sections of the B.N.S.
Whether the lack of a specific assault allegation against the petitioner justifies granting anticipatory bail

Legislation cited

B.N.S.S., 2023 — s. 482(2)
Code of Criminal Procedure — s. 438(2)

Subjects

anticipatory bail
misbehaviour with police
assault
Criminal Procedure Code
B.N.S. Act
women's rights
bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.79269 of 2025
                 Arising Out of PS. Case No.-305 Year-2025 Thana- DALSINGHSARAI District- Samastipur
                 ======================================================
                 Rishu Kumari @ Rishu Rani D/o Manoj Prasad @ Manoj Kumar Mohalla -
                 Chaklokman Gudari Bazar, Gola Patti, Ward no. 12, P.S. - Dalsingsarai, Dist.
                 -Samastipur, Parmanent Address, Wife of Abhishek Kumar, Village -
                 Damodarpur, Ward no. 11, P. S. - Bibhutipur, Dist. - Samastipur.
                                                                               ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr. Dilip Kumar Roy
                 For the Opposite Party/s :      Mr. Shaheen Begum
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   21-01-2026                  Heard learned counsel for the petitioner and learned

                   APP for the State.

                                2. The petitioner apprehends his arrest in a case

                   registered under Sections 190, 191(2), 126(2), 115(2), 132, 223,

                   121(2), 121(1), 74, 352, 351(2) of the BNS.

                                3. The case of the prosecution is that the accused

                   persons indulged in misbehaving and attacking the police

                   personnel thereby causing injuries.

                                4. Learned counsel for the petitioner submits that the

                   specific allegation of assault is upon Manoj Kumar and Rishabh

                   Raj and so far as the present petitioner is concerned, there is

                   only an allegation of misbehaving with the police personnel. It

                   is further submitted that the petitioner is a newly wedded female

                   and is also bright student and she has unnecessarily been roped
             Patna High Court CR. MISC. No.79269 of 2025(3) dt.21-01-2026
                                                         2/2




                       in the present case with false and baseless allegations.

                                    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 is no

                       specific allegation of assault etc. upon the petitioner, let the

                       petitioner above named, 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 Dalsingsarai

                       P.S. Case no.305 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.



                                                 (Soni Shrivastava, J)
devendra/-

U      T

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