Patna High Court
Priyanka KumariversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SOURENDRA PANDEY
Holding
The court held that in view of the lack of specific allegations and the petitioners’ clean antecedent, anticipatory bail could be granted subject to statutory conditions.
Summary
The petitioners, three women related to the accused, sought anticipatory bail fearing arrest in a case (Khajauli PS Case No.184 of 2025) involving alleged assault with lathi‑danda and firing on an informant’s father‑in‑law. The prosecution alleged offences under several sections of the Indian Penal Code/Bharatiya Nyaya Sanhita. The petitioners argued that the allegations were vague, no injury report existed, they were merely lady members of the household and had clean antecedents. The court examined the lack of specific incriminating material and the petitioners’ background, and concluded that anticipatory bail could be granted. Accordingly, the court ordered release on anticipatory bail with a cash bond of Rs 10,000 and specified conditions under Sections 438(2) CrPC and 482(2) B.N.S.S., noting that the order’s observations would not affect the trial.
Issues considered
- Whether anticipatory bail should be granted to the petitioners despite the pending charges under multiple IPC/B.N.S. sections.
- Whether the allegations against the petitioners are sufficiently specific to deny bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109, 115(2), 126(2), 303(2), 329(4), 3(5), 351(2), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 109, 115(2), 126(2), 303(2), 329(4), 3(5), 351(2), 352
Subjects
- anticipatory bail
- Criminal Procedure Code
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- IPC offences
- women accused
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8401 of 2026
Arising Out of PS. Case No.-184 Year-2025 Thana- KHAJAULI District- Madhubani
======================================================
1. Priyanka Kumari D/o- Sri Ram Pandit @ Ram Pandit R/v- Khajauli Ps-
Khajauli Dist- Madhubani
2. Manisha Devi @ Manasi Devi @ Manasi Kumari W/o- Govind Pandit R/v-
Khajauli Ps- Khajauli Dist- Madhubani
3. Rinku Kumari D/o- Sri Ram Pandit @ Ram Pandit R/v- Khajauli Ps-
Khajauli Dist- Madhubani
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Bhavesh Kumar Sah, Adv.
Mr. Sumit Kumar Singh, Adv.
Ms. Archna Aanand, Adv.
For the Opposite Party/s : Ms. Anita Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
ORAL ORDER
2 17-02-2026 Heard the learned counsel for the petitioners and the
learned A.P.P. for the State.
2. The petitioners are apprehending their arrest in
connection with Khajauli P.S. Case No. 184 of 2025 registered
for the offence(s) under Section(s) 126(2), 115(2), 109, 329(4),
303(2), 352, 351(2) and 3(5) of the Indian Penal Code/Bharatiya
Nyaya Sanhita, 2023 (B.N.S.).
3. The allegation against the petitioners are that they
had assaulted the informant with lathi-danda when an
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altercation had taken place apart from further allegations against
other co-accused persons to have fired upon the father-in-law of
the informant.
4. The learned counsel for the petitioners submits that
the petitioners are lady members of the family of the accused
persons and they have falsely been implicated in this case with
superficial allegations. It has further been submitted that even
from the perusal of the impugned order, it would be evident that
there is no reference of any injury report with regard to the
informant. It has next been submitted that there is general and
omnibus allegations against the petitioners and nothing specific
has been alleged against them, who are, admittedly, the lady
members of the house. It has lastly been submitted that the
petitioners have clean antecedent.
5. The learned A.P.P. for the State has vehemently
opposed the prayer for grant of anticipatory bail to the
petitioners.
6. Considering the facts and circumstances of the
case and the submissions advanced on behalf of the parties, let
the petitioners, above-named, be released on anticipatory bail, in
the event of their arrest or surrender before the concerned
Court/successor Court within a period of four weeks from today,
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on their furnishing bail bond in the sum of Rs. 10,000/- (Rupees
Ten Thousand) each with two sureties of the like amount each to
the satisfaction of the concerned Court/successor Court where
the case is pending in connection with Khajauli P.S. Case No.
184 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure, 1973 read
with corresponding Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023 (B.N.S.S.) as well as subject to the
following conditions :
(i) One of the bailors of the petitioners shall be their
close relative and the other shall be a local resident.
(ii) The petitioners shall remain physically present
before the concerned Court on each and every date of the
trial and shall cooperate in the investigation.
(iii) In case of absence for two consecutive occasions
or in violation of the terms of the bail, the bail bond of the
petitioners will be liable to be cancelled by the concerned
Court.
(iv) The concerned Court shall verify the criminal
antecedent of the petitioners and in case, at any stage, it is
found that he has concealed their criminal antecedent, the
Court concerned shall take necessary steps for cancellation
of their bail bond. However, the acceptance of bail bond
in terms of the above-mentioned order shall not be delayed
for purpose of or in the name of verification.
7. It is made clear that the observations, if any, made
in this order, shall be of no bearing during the trial.
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8. The application stands allowed.
(Sourendra Pandey, J)
Praveen-II/-
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