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Patna High Court

Daulti Devi @ Daulati DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Bail was granted to the petitioners subject to a Rs 10,000 bond per petitioner with two sureties each, to be surrendered within eight weeks, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Summary

The petitioners—Daulti Devi, Rahul Kumar, Lalti Devi, and Suraj Kumar—were implicated in an FIR alleging assault, theft of a gold chain, and other offences under Sections 191(2), 190, 109, 74, 303(2) and 117(2) of the Bhartiya Nyaya Sanhita. They filed a bail petition fearing arrest, contending that the FIR was lodged after an unexplained one‑month delay and that the allegations were vague and ornamental. The State opposed the bail, emphasizing the seriousness of the charges. The court examined the delay, the nature of the offences, and the petitioners’ clean antecedents, and concluded that bail could be granted with conditions. Accordingly, the court ordered bail on furnishing a Rs 10,000 bond per petitioner with two sureties each, to be surrendered within eight weeks, under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.

Issues considered

  • Whether the delay of one month in lodging the FIR warrants denial of bail
  • Whether the allegations under the specified sections of the Bhartiya Nyaya Sanhita are sufficient to justify denial of bail
  • Whether the petitioners are entitled to bail despite the nature of the offences alleged

Legislation cited

Subjects

  • bail
  • criminal procedure
  • delay in FIR
  • assault
  • theft
  • Bhartiya Nyaya Sanhita
  • Bhartiya Nagrik Suraksha Sanhita
  • Section 482

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86043 of 2025
                           Arising Out of PS. Case No.-76 Year-2025 Thana- Mau District- Gaya
                 ======================================================
           1.     Daulti Devi @ Daulati Devi W/O Ram Pravesh Bind @ Ram Pravesh Beldar
                  Bind R/O Vill. - Panchdevta, P.S-Tekari,Dist.- Gaya ji
           2.    Rahul Kumar @Rahul Bind S/o- Ram Pravesh Bind @ Ram Pravesh Beldar
                 Bind. R/O Vill. - Panchdevta, P.S-Tekari,Dist.- Gaya ji
           3.    Lalti Devi Wife of Raju Vind @ Raju Bind. R/O Vill. - Panchdevta, P.S-
                 Tekari,Dist.- Gaya ji
           4.     Suraj Kumar @ Suraj Bind Son of Raju Bind @ Rajuvind. R/O Vill. -
                  Panchdevta, P.S-Tekari,Dist.- Gaya ji
                                                                     ... ... Petitioner/s
                                                    Versus
                 The State of Bihar
                                                              ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Arvind Kumar Singh
                 For the Opposite Party/s :       Mr.Bharat Bhushan
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-01-2026                    Heard learned counsel for the petitioners and learned

                   A.P.P. for the State.

                                2. The petitioners apprehend their arrest in a case

                   registered for the offence under Sections 191(2), 190, 109, 74,

                   303(2) and 117(2) of the Bhartiya Nyaya Sanhita.

                                3. An altercation took place between the parties due to

                   dispute between the children, in which, it is alleged that these

                   petitioners assaulted informant and his brother. It is further

                   alleged that petitioner no. 3 (Lalita Devi) snatched gold chain

                   from the neck of wife of informant, whereas, petitioner no. 2

                   (Rahul Kumar) misbehaved with her (informant’s wife).
           Patna High Court CR. MISC. No.86043 of 2025(2) dt.07-01-2026
                                                       2/2




                                  4. Learned counsel for the petitioners submits that

                     F.I.R. has been lodged after a delay of one month and there is no

                     plausible explanation of delay. Allegation of assault is general &

                     omnibus and rest of the allegation is only ornamental. Both

                     parties are Gotiyas. Petitioners claim clean antecedent.

                                  5. Learned A.P.P. for the State has opposed the bail

                     petition.

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

                     above named petitioners, in the event of their arrest/surrender

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

                     on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each

                     with two sureties of the like amount each to the satisfaction of

                     learned J.M. 1st Class, Gayaji in connection with Mau P.S. Case

                     No. 76 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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