Patna High Court
Daulti Devi @ Daulati DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 109, 117(2), 190, 191(2), 303(2), 74
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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