Patna High Court
Runa DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
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
- Bharatiya Nyaya Sanhita, 2023 — s. 109(1), 115(2), 117(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
- Bhartiya Nagarik Suraksha Sanhita — s. 482(2)
- Code of Criminal Procedure — s. 438(2)
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
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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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