Patna High Court
Chanda Devi @ Ramdulari DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- HARISH KUMAR
Holding
The Court granted anticipatory bail to the petitioners subject to bond and conditions.
Summary
The petitioners, three women residing in Katahan village, were implicated in a neighbor dispute that escalated into a physical altercation, resulting in injuries to the informant and his family. They were charged under Sections 126(2), 115(2), 118(1), 117(2), 109(1), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023. The petitioners sought anticipatory bail, arguing that the incident was a spontaneous fight, the injuries were mostly simple, and they have a clean record. The State opposed bail, contending that the assault caused a grievous injury and the petitioners should not be granted relief. The Court, noting the non‑vital nature of the grievous injury, the petitioners' fair antecedent and their undertaking not to repeat the conduct, granted anticipatory bail subject to a bond of Rs.10,000 and specific conditions under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether the petitioners are entitled to anticipatory bail despite charges under Sections 109 and other offences of the Bharatiya Nyaya Sanhita
- Whether the nature of the injury and the petitioners' antecedents justify the grant of bail
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 3(5), 352
Subjects
- anticipatory bail
- assault
- grievous hurt
- neighbor dispute
- fair antecedent
- Bharatiya Nyaya Sanhita
- Bharatiya Nagrik Suraksha Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84100 of 2025
Arising Out of PS. Case No.-461 Year-2025 Thana- MOTIHARI MUFASIL District- East
Champaran
======================================================
1. Chanda Devi @ Ramdulari Devi Wife of Dwarika Sah @ Amerika Sah
Resident of Village - Katahan, P.S. - Muffasil, District - East Champaran.
2. Kalawati Devi Wife of Nageshwar Sah Resident of Village - Katahan, P.S. -
Muffasil, District - East Champaran.
3. Dwarika Sah @ Amerika Sah Son of Late Shri Bhagwan Sah Resident of
Village - Katahan, P.S. - Muffasil, District - East Champaran.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Karandeep Kumar, Adv.
For the Opposite Party/s : Mr. Ram Sevak Choudhary, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
2 07-01-2026 Heard learned Advocate appearing on behalf of the
petitioners and the learned Additional Public Prosecutor for the
State.
2. The petitioners are apprehending their arrest in
connection with Muffasil P.S. Case No. 461 of 2025, registered
for the offences punishable under Sections 126(2), 115(2),
118(1), 117(2), 109(1), 352 and 3(5) of the Bharatiya Nyaya
Sanhita, 2023.
3. In the morning of the fateful day, while the
informant was going to his land, in the meanwhile, the
petitioners alongwith others surrounded him and started
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abusing. When the protest was made, it is alleged that co-
accused Dharmendra Sah assaulted him by means of iron rod,
due to which he sustained head injury. When the daughter-in-
law of the informant came to his rescue, petitioner no. 3
assaulted her by means of iron rod over her head, due to which
she sustained a fracture injury in her hand. It is further alleged
that petitioner no. 1 assaulted the son of the informant by means
of farsha over his head, whereas petitioner no. 2 assaulted the
wife of the informant by means of lathi, due to which she
sustained head injury.
4. Learned Advocate appearing on behalf of the
petitioners submitted that both the parties are neighbours and on
account of a trifle, they entered into a free fight, resulting into
some unfortunate injuries. Moreover, the injuries which are
allegedly sustained to the informant and others, all of them have
been found to be simple in nature, except one which is allegedly
sustained to the informant’s daughter-in-law over her hand.
Specific accusation has been levelled that petitioner no. 3 has
assaulted over the hand of the informant’s daughter-in-law and,
as such, there was no intention to cause any harm which may
cause danger to the life, thus there is no application of Section
109 of the Bharatiya Nyaya Sanhita is the contention of learned
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Advocate for the petitioner. It is further contended that now the
good sense have prevailed between the parties and they do not
want to proceed in the matter. The petitioners bear fair
antecedent and they undertake that they will fully cooperate in
the proceeding of the Court and would not indulge in such
incidence any further.
5. On the other hand, learned Advocate for the State
vehemently opposed the pre-arrest bail application and submits
that because of the assault being made by petitioner no. 3, the
injured has sustained grievous injury and, as such, he does not
deserve the privilege of anticipatory bail.
6. Having considered the submissions advanced by
learned Advocate for the respective parties and taking note of
the genesis of the occurrence, coupled with the fact that the
injury which is found to be grievous in nature is on non-vital
part, besides the fact that petitioners are persons of fair
antecedent and they undertake before this Court that they will
not indulge in such activities in future, let the petitioners above
named be released on bail, in the event of their arrest or
surrender before the court below within a period of four weeks
from the date of receipt/production of a copy of this order, upon
furnishing bail bonds of Rs.10,000/- (ten thousand) with two
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sureties of the like amount each to the satisfaction of the learned
Chief Judicial Magistrate, East Champaran at Motihari in
connection with Muffasil P.S. Case No. 461 of 2025, subject to
the conditions laid down in Section 482(2) of the Bharatiya
Nagrik Suraksha Sanhita, 2023 with further following
conditions:-
(i) One of the bailors shall be the own/close family
members of the petitioners.
(ii) If the petitioners are found indulged in
intimidating or threatening the informant and the witnesses, they
shall be at liberty to file cancellation of their bail bonds.
(Harish Kumar, J)
supratim/-
U T
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