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Patna High Court

Runa DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The Court granted anticipatory bail to the petitioner, subject to prescribed conditions.

Summary

Petitioner Runa Devi applied for anticipatory bail in connection with a FIR alleging multiple offences under the Bharatiya Nyaya Sanhita, 2023, including assault, theft, and outraging modesty. The prosecution alleged that she, along with others, attacked the informant and his family with weapons and committed other crimes. The petitioner contended that the allegations were general, omnibus, and that she had no knowledge of the incident or any criminal antecedent. The Additional Public Prosecutor opposed the bail. The Court, noting the lack of specific allegation against the petitioner and her clean record, exercised its power under Section 438 of the CrPC and Section 482 of the Bhartiya Nagarik Suraksha Sanhita to grant anticipatory bail with conditions, including a bail bond, sureties, and compliance directives.

Issues considered

  • Whether anticipatory bail can be granted when the allegations against the petitioner are general and omnibus.
  • Whether the petitioner’s lack of criminal antecedent warrants the grant of anticipatory bail under Section 438 CrPC and Section 482 B.N.S.

Legislation cited

Subjects

  • anticipatory bail
  • criminal procedure
  • Section 438 CrPC
  • Section 482 B.N.S.
  • general omnibus allegation
  • criminal antecedent
  • assault
  • theft
  • outraging modesty

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.8417 of 2026
                       Arising Out of PS. Case No.-93 Year-2025 Thana- Patauna District- Madhubani
                 ======================================================
                 Runa Devi Wife of Vishnudev Yadav @ Bishnudev Yadav @ Bablu Yadav
                 Resident of Village- Suhansh, P.S.- Patauna, District- Madhubani
                                                                                ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                         ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Mr. Ravi Prakash, Advocate
                 For the Opposite Party/s :        Mr. Sharda Kumari, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   17-02-2026                        Heard the learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                               2. The petitioner is apprehending his arrest in

                   connection with Patauna P.S. Case No.93 of 2025, F.I.R dated

                   08.11.2025 registered for the offences punishable under

                   Sections 126(2), 115(2), 117(2), 118(1), 109(1), 352, 351(2),

                   303(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

                               3. According to prosecution case, on 25.10.2025, the

                   informant, Raj Kumar Yadav, alleged that his neighbors,

                   Bishnudev Yadav @ Bablu Yadav, Suraj Yadav, and Runa Devi

                   (petitioner) came to his house armed with clubs and began

                   abusing him. When he objected, Bishnudev Yadav attacked him

                   with a spade, causing injury to his knee. When the informant’s

                   mother, Bauwadai Devi, intervened, she was also injured with a

                   spade. His wife, Triveni Devi, was allegedly assaulted with

                   clubs and a rod by Suraj Yadav and Runa Devi. It is further
Patna High Court CR. MISC. No.8417 of 2026(2) dt.17-02-2026
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          alleged that Suraj Yadav outraged Triveni Devi’s modesty and

          took obscene photographs of her. Additionally, Bishnudev

          Yadav allegedly took Rs. 1,500 in cash from the informant, and

          Suraj Yadav took a gold mangalsutra from Triveni Devi.

                      4. Learned counsel for the petitioner submits that there

          is no specific allegation against the petitioner rather the

          allegations are general and omnibus and the petitioner had no

          knowledge regarding the said occurrence and the entire

          prosecution story is false and concocted and the petitioner has

          no criminal antecedent.

                      5. Learned APP for the State opposes the prayer for

          anticipatory bail application.

                       6. Considering the aforesaid facts and circumstances

          that there is no specific allegation against the petitioner rather

          the allegations are general and omnibus and the petitioner has

          no criminal antecedent. Accordingly, this Court is inclined to

          grant the privilege of anticipatory bail to the petitioner.

                       7. Let the petitioner, above named, in the event of

          his/her arrest or surrender before the Court below within a

          period of thirty days from the date of receipt of the order, be

          released on bail on furnishing bail bond of Rs. 10,000/- (Ten

          Thousand) with two sureties of the like amount each to the
           Patna High Court CR. MISC. No.8417 of 2026(2) dt.17-02-2026
                                                       3/3




                     satisfaction of the learned J.M. 1st Class, Benipatti, Madhubani,

                     in connection with Patauna P.S. Case No.93 of 2025, subject to

                     the conditions as laid down under Section 438(2) of the Code of

                     Criminal Procedure / Section 482(2) of the Bhartiya Nagarik

                     Suraksha Sanhita and with other following conditions:-

                                  (i) one of the bailors should be the family

                     member/relative of the petitioner(s) who shall provide official

                     document to show his/her bona fide;

                                  (ii) the petitioner(s) 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 his/her/their bail bond by the Trial Court itself;

                                  (iii) the petitioner(s) shall in no way try to induce or

                     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;

                                  (iv) the petitioner(s) shall desist from committing any

                     criminal offence again, failing which the State shall be at liberty

                     to take steps for cancellation of their bail bonds.



                                                   (Ajit Kumar, J)
sharun/-

U      T


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