Patna High Court
Mina DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
Anticipatory bail was granted to the petitioner, subject to bond and sureties, under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Summary
Mina Devi, a resident of Vishambharpur, was named in an FIR for the brutal assault and subsequent death of the husband of an informant, alleged to have been inflicted with an iron rod. She contended that she was falsely implicated due to prior enmity with the deceased and that the FIR, lodged after a seven‑day delay, was unreliable. The petitioner, a woman with a clean antecedent, applied for anticipatory bail, arguing innocence and lack of specific evidence against her. The State opposed the bail, seeking her arrest on multiple offences under the Bharatiya Nyaya Sanhita. Considering the nature of the accusation, the delay in filing the FIR, and the petitioner’s clean record, the Court granted anticipatory bail subject to a bond and sureties. The order directs that if she is arrested or surrenders within eight weeks, she shall be released on bail under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the FIR alleging serious offences.
- Whether the delay in lodging the FIR and the lack of specific allegations against the petitioner justify the grant of anticipatory bail.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482
- Bharatiya Nyaya Sanhita — s. 103, 109, 115, 126, 190, 191, 74
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- FIR delay
- false implication
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86001 of 2025
Arising Out of PS. Case No.-220 Year-2024 Thana- HATHAURI District- Muzaffarpur
======================================================
Mina Devi W/O Mukul Sahani R/O Village- Vishambharpur Patti, Ward No.-
15, P.S- Hathahuri, District- Muzaffarpur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Sanjay Kumar S.K., Advocate
For the Opposite Party/s : Mr. Pawan Kumar Chaurasia, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 09-02-2026 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for
the offences punishable under Sections 190, 191(2), 191(3),
126(2), 115(2), 109, 103(1) and 74 of the Bharatiya Nyaya
Sanhita.
3. As per F.I.R., all the named accused persons,
including this petitioners, brutally assaulted the husband of
informant by means of iron rod as a result of which he sustained
severe injuries and died during course of treatment.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has committed no offence. Petitioner
is co-villager of the deceased and due to prior enmity, he has
falsely been implicated in this case. Specific accusation of
assault on the head of the deceased with iron rod is against co-
Patna High Court CR. MISC. No.86001 of 2025(2) dt.09-02-2026
2/2
accused Lalu Sahni and as per post-mortem report, cause of
death is head injury. Allegation of assault against petitioner is
general and omnibus. F.I.R. has been lodged after inordinate
delay of seven days which itself raises doubt over veracity of
the prosecution case. Petitioner is lady and claims clean
antecedent.
5. Learned A.P.P. for the State vehemently opposed
the bail application.
6. Considering the backdrop of the case, nature of
accusation and clean antecedent, this anticipatory bail is allowed
and it is ordered that let the above named petitioner in the event
of her arrest/surrender before the court below 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 Judicial Magistrate, 1st Class,
Court No. 14, Muzaffarpur (East) in connection with Hathauri P.
S. Case No. 220 of 2024, subject to condition as laid down
under Section 482(2) of the Bharatiya Nagarik Suraksha
Sanhita, 2023.
(Prabhat Kumar Singh, J)
Navya/-
U T
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