Patna High Court
Geeta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PARTHA SARTHY
Holding
The court granted regular bail to the petitioner, directing her to furnish a bail bond of Rs.10,000 with two sureties.
Summary
Geeta Devi, the first wife of a man who allegedly entered a second marriage and assaulted her and her daughter, was arrested under multiple sections of the Bhartiya Nyaya Sanhita, 2023. She contended that the FIR was filed by the second wife to malign her and that she has no prior criminal record. The prosecution sought to keep her in custody, while the petitioner’s counsel argued that the real perpetrator is the husband. The court considered the nature of the allegations, the petitioner’s lack of antecedents, and her custody since 17‑11‑2025. It ordered that she be released on regular bail upon furnishing a bail bond of Rs.10,000 with two sureties of the same amount, subject to the satisfaction of the concerned ACJM.
Issues considered
- What is the appropriateness of granting regular bail to the petitioner accused under sections 126(2), 115(2), 118, 82(1), 82(2), 89, 109(1), 351(2), 352 and 3(5) of the Bhartiya Nyaya Sanhita?
- Whether the petitioner’s claim of false implication and lack of criminal antecedent warrant bail despite the serious nature of the offences?
Legislation cited
- Bhartiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 118, 126(2), 3(5), 351(2), 352, 82(1), 82(2), 89
Subjects
- bail
- criminal procedure
- domestic violence
- marriage
- false accusation
- Bhartiya Nyaya Sanhita
- sections 126,115,118,82,89,109,351,352,3
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8148 of 2026
Arising Out of PS. Case No.-423 Year-2025 Thana- PHULPARAS District- Madhubani
======================================================
Geeta Devi W/O Laldeo Raut R/O Village- Balabhakhar, P.S- Phulparas,
Distt.- Madhubani.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Jaishankar Kumar Yadav, Advocate
Ms. Riya Raj, Advocate
Mr. Amarshakti, Advocate
For the Opposite Party/s : Mr. Uday Chand Prasad, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY
ORAL ORDER
2 17-02-2026 1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for
grant of regular bail in connection with Phulparas P.S. Case
no.423 of 2025 registered under sections 126 (2), 115(2), 118,
82(1), 82(2), 89, 109(1), 351(2), 352 and 3(5) of the Bhartiya
Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states
that her husband who was married to the petitioner herein
having suppressed the said fact, entered into a marriage with
her. It is further stated that her husband, the petitioner herein as
also the petitioner’s daughter assaulted her as described in the
FIR. She was treated in the hospital.
4. Learned counsel for the petitioner submits that the
petitioner has been falsely implicated in the case. It would
Patna High Court CR. MISC. No.8148 of 2026(2) dt.17-02-2026
2/2
transpire that the allegation of suppression and second marriage
is against her husband and not the petitioner herein. The FIR has
been lodged by the informant to build up her defence having
married the husband of the petitioner. The petitioner, who is a
lady, is in custody since 17.11.2025 and has no criminal
antecedent. She undertakes to cooperate in the
investigation/trial.
5. The application for bail is opposed by learned A.P.P
for the State.
6. Having heard learned counsel for the parties and
taking into consideration the allegation against the petitioner in
the FIR, the petitioner being the first wife of the husband of the
informant, the petitioner being in custody since 17.11.2025 and
not having any criminal antecedent, the petitioner is directed to
be enlarged on bail in connection with Phulparas P.S. Case
no.423 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 A.C.J.M-II, Jhanjharpur, Madhubani.
(Partha Sarthy, J)
Shiv/-
U T
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