Patna High Court

Ragani KumariversusThe State of Bihar

Decided: 19 January 2026
Disposal: BAIL GRANTED
Bench: SATYAVRAT VERMA

Holding

The Court grants anticipatory bail to the petitioners subject to the conditions laid down under Section 438(2) of the CrPC.

Summary

The petitioners, Ragani Kumari and Raju Devi, were arrested in connection with an FIR (PS‑67/2024) alleging offences under IPC sections 341, 323, 307, 504, 506 and 34. They contend they have clean antecedents, are women, and were falsely implicated because the FIR specifically names Santosh and Kunal as the assailants, while the petitioners are merely the wife and daughter of Santosh. The State opposed their anticipatory bail. The Court, after considering the submissions, ordered that the petitioners be released on anticipatory bail if arrested or surrendered within six weeks, upon furnishing bail bonds of Rs 5,000 each with two sureties, subject to conditions under Section 438(2) of the CrPC. The order reflects the Court’s view that the petitioners’ involvement is tenuous and that bail is appropriate to prevent undue hardship. The bail is to be granted by the trial court where the case is pending.

Issues considered

Whether anticipatory bail can be granted to the petitioners under Section 438 of the CrPC.
Whether the petitioners are likely to be involved in the offences alleged in the FIR or are falsely implicated.
Whether the conditions imposed under Section 438(2) are sufficient to safeguard the investigation.

Legislation cited

Code of Criminal Procedure, 1973 — s. 438
Indian Penal Code — s. 307, 323, 34, 341, 504, 506

Subjects

anticipatory bail
Section 438 CrPC
false implication
IPC offences
bail conditions
women defendants
criminal procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86120 of 2025
                    Arising Out of PS. Case No.-67 Year-2024 Thana- ARERAJ District- East Champaran
                 ======================================================
           1.     Ragani Kumari W/O Suraj Kumar R/O Village- Arearaj, P.S.- Arearaj, Distt.-
                  East Champaran.
           2.     Raju Devi W/O Pradeep Patel R/O Village- Arearaj, P.S.- Arearaj, Distt.-
                  East Champaran.
                                                                          ... ... Petitioner/s
                                                Versus
                 The State of Bihar
                                                                   ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Dhannjay Kumar Ii
                 For the Opposite Party/s :       Mr. Sanjay Kumar Tiwary
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   19-01-2026                  1. 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 offences punishable under Sections 341, 323,

                   307, 504, 506 and 34 of the Indian Penal Code.

                                3. Learned counsel for the petitioners submits that

                   petitioners are persons with clean antecedent and are women

                   and the informant alleges that Santosh assaulted him by rod

                   causing injury on head, while Kunal assaulted Rupesh causing

                   injury on hand and reason for the occurrence is that the

                   informant along with Rupesh after selling flowers were coming

                   out of the temple when accused persons came and demanded

                   extortion and on refusal, the occurrence is alleged to have been

                   committed.
           Patna High Court CR. MISC. No.86120 of 2025(2) dt.19-01-2026
                                                       2/2




                                  4. Learned counsel submits that petitioners have been

                     falsely implicated in the instant case by the informant. It is next

                     submitted that from perusal of the allegation ass alleged in the

                     FIR, it would manifest that specific allegation of assaulting the

                     informant and Rupesh is against Santosh and Kunal and the

                     petitioners being wife and daughter of Santosh came to be

                     implicated.

                                  5. Learned A.P.P. for the State opposes the prayer for

                     anticipatory bail of the petitioners.

                                  6. Considering the submissions made by the learned

                     counsel for the petitioners, the petitioners above-named, in the

                     event of their arrest or surrender before the learned Court below

                     within a period of six weeks from today, be released on

                     anticipatory bail on furnishing bail bonds of Rs.5000/- (Rupees

                     Five Thousand) each with two sureties of the like amount each

                     to the satisfaction of learned trial court where the case is

                     pending/successor court in connection with Areraj P.S. Case

                     No.67/2024, subject to the conditions as laid down under

                     Section 438 (2) of the Cr.P.C.



                                               (Satyavrat Verma, J)
amit/-
U      T

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