Patna High Court
Sushila Devi @ Suhila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application for bail was allowed, directing release of the petitioners on bail with conditions.
Summary
The petitioners, a group of women residing in Samhuta Tarkulwa Dera, Buxar, filed an application fearing arrest in connection with a criminal case (Dhansoi P.S. Case No. 131 of 2025) that alleged offences under several sections of the Indian Penal Code. The prosecution alleged that the petitioners, along with others, had assaulted the victim. The petitioners contended that they were falsely implicated and that the allegations were general and omnibus. The learned counsel argued that the petitioners, being women, should be granted bail to prevent undue hardship. The High Court, after hearing both sides, allowed the application, directing that the petitioners be released on bail upon furnishing a bond of Rs. 10,000 with two sureties, subject to the conditions of Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS. The order was pronounced by Justice Sandeep Kumar.
Issues considered
- Whether the petitioners are entitled to bail in view of the alleged offences.
- Whether the petitioners have been falsely implicated and thus merit anticipatory bail.
- Whether Section 438(2) CrPC and Section 482 BNSS can be invoked to grant bail.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 109, 115(2), 121(2), 126(2), 132, 190, 191(2), 324(4), 351(2), 352
Subjects
- anticipatory bail
- bail
- false implication
- women
- Criminal Procedure
- Section 438
- Section 482
- Indian Penal Code
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.84923 of 2025
Arising Out of PS. Case No.-131 Year-2025 Thana- DHANSOI District- Buxar
======================================================
1. Sushila Devi @ Suhila Devi Wife of Nand Lal Choudhary Resident of
Village- Samhuta Tarkulwa Dera, P.S.- Dhansoi, District- Buxar
2. Anita Devi Wife of Kishan Choudhary Resident of Village- Samhuta
Tarkulwa Dera, P.S.- Dhansoi, District- Buxar
3. Ram Sheela Devi @ Ram Sheela Kumari Wife of Chandan Choudhary
Resident of Village- Samhuta Tarkulwa Dera, P.S.- Dhansoi, District- Buxar
4. Anita Devi Wife of Dharmendra Choudhary Resident of Village- Samhuta
Tarkulwa Dera, P.S.- Dhansoi, District- Buxar
5. Dhanwarti Devi @ Dhanvanti Devi Wife of Harendra Choudhary @ Maul
Choudhary Resident of Village- Samhuta Tarkulwa Dera, P.S.- Dhansoi,
District- Buxar
6. Motijhari Devi @ Moti Jhariya Devi Wife of Radha Mohan Choudhary
Resident of village Samhuta (Tarkulwa Dera) P.S. Dhansoi District Buxar.
7. Dharmavati Devi Wife of Ajay Choudhary Resident of village Samhuta
(Tarkulwa Dera) P.S. Dhansoi District Buxar.
8. Bindu Devi Wife of Sanjay Choudhary Resident of village Samhuta
(Tarkulwa Dera) P.S. Dhansoi District Buxar.
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Bachan Jee Ojha
For the Opposite Party/s : Mr.Nand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
3 23-02-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in
connection with Dhansoi P.S. Case No. 131 of 2025 registered
for the offence under Sections 191(2), 190, 126(2), 115(2), 109,
121(2), 132, 324(4), 352, 351(2) of the BNS.
Patna High Court CR. MISC. No.84923 of 2025(3) dt.23-02-2026
2/2
3. As per the prosecution case, the petitioners and
others are accused of assaulting the victim.
4. It has been submitted by the learned counsel for
the petitioners that all the petitioners are woman and they have
falsely been implicated in this case. He further submits that
there is general and omnibus allegation against the petitioners.
5. Considering the aforesaid facts, this application
is allowed.
6. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned CJM
Buxar in connection with Dhansoi P.S. Case No. 131 of 2025,
subject to the conditions laid down in Section 438(2) of the
Code of Criminal Procedure, 1973 / Section 482 of the BNSS.
(Sandeep Kumar, J)
Vikas/-
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