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Patna High Court

Ramvatiya Devi @ Ramvati DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The court granted bail to the petitioner subject to a bond, sureties and surrender within eight weeks, applying Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

Ramvatiya Devi, the wife of Bharat Yadav, was named in an FIR for assaulting an informant and his family, resulting in the informant’s mother’s death. She contended that the incident stemmed from a long‑standing land dispute and that the prosecution’s case was weak, noting that the post‑mortem report showed only a single head injury on the deceased, contrary to the charge of a brutal assault. The informant opposed her bail, arguing the seriousness of the offences listed under the Bhartiya Nyaya Sanhita, 2023. The court examined the evidence, the petitioner’s clean antecedents, and the statutory provisions governing bail. It ordered that she be released on bail upon surrender within eight weeks, subject to a Rs 10,000 bond, two sureties of equal amount, and compliance with Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether the petitioner is entitled to bail under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023 despite the serious nature of the offences alleged under the Bhartiya Nyaya Sanhita, 2023.
  • Whether the evidence, including the post‑mortem report, sufficiently undermines the prosecution’s case to justify bail.

Legislation cited

Subjects

  • bail
  • criminal procedure
  • assault
  • homicide
  • land dispute
  • Bhartiya Nyaya Sanhita
  • Bhartiya Nagrik Suraksha Sanhita
  • Section 482
  • post‑mortem
  • surety

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.84429 of 2025
                      Arising Out of PS. Case No.-221 Year-2025 Thana- SIKANDRA District- Jamui
                 ======================================================
                 Ramvatiya Devi @ Ramvati Devi Wife of Bharat Yadav Resident of Village-
                 Dhadhaur, P.S.- Sikandra, District- Jamui

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Rakesh Kumar Sharma,Advocate
                 For the Opposite Party/s :      Mr.Pramod Kumar Pandey, APP
                                                 Mr.Umesh Prasad, Adv.for Informant
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

3   28-01-2026                  Heard learned counsel for the petitioner, learned

                   A.P.P. for the State and learned counsel for the informant.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offence under Sections 103(1), 115(2), 118(1),

                   109(1), 352, 3(5) of the Bhartiya Nyaya Sanhita, 2023.

                                3. As per F.I.R., all the named accused persons

                   including this petitioner assaulted informant and his family

                   members, as a result of which, mother of the informant died on

                   spot.

                                4. Learned counsel for the petitioner submits that on

                   account of long standing land dispute between the parties,

                   scuffle took place in which both sides sustained injuries. Case

                   and counter case. Specific accusation of assault by lathi and
             Patna High Court CR. MISC. No.84429 of 2025(3) dt.28-01-2026
                                                         2/2




                       khanti is against other accused persons. There is general and

                       omnibus allegation against this petitioner. In the post-mortem

                       report, only one injury has been found on the head of deceased,

                       which contradicts entire prosecution case.           Petitioner is lady

                       and claims clean antecedent.

                                    5. Learned counsel for the informant vehemently

                       opposed the bail petition.

                                    6. In the facts and circumstances of the case, let the

                       above named petitioner, in the event of arrest/surrender within a

                       period of eight weeks from today, be enlarged on bail on

                       furnishing bail-bond of Rs. 10,000/- (ten thousand) with two

                       sureties of the like amount each to the satisfaction of learned

                       J.M. 1st Class, Jamui in connection with Sikandra P.S. Case No.

                       221 of 2025, subject to condition as laid down under Section

                       482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.



                                                    (Prabhat Kumar Singh, J)
anay/-

U        T


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