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Patna High Court

Dharamshila DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

Anticipatory bail was granted to the petitioner.

Summary

Petitioner Dharamshila Devi sought anticipatory bail after learning that she might be arrested in a case registered under Sections 126(2), 115(2), 109, 74, 352 and 3(5) of the B.N.S., alleging she assaulted an informant with bricks causing a head injury. The petitioner contended that the allegations were false, arising from a petty village dispute, and that the injuries were simple and she had a clean record. The State opposed the grant of anticipatory bail. The Court, after considering the nature of the alleged injuries, the petitioner’s clean antecedents and the circumstances of the dispute, allowed the anticipatory bail with a bail bond of Rs.10,000 and two sureties, subject to Section 482(2) of the B.N.S.S. conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner despite the serious charges under the B.N.S.
  • Whether the nature of the alleged injuries and the petitioner’s clean antecedents justify bail

Legislation cited

  • B.N.S. — s. 109, 115(2), 126(2), 3(5), 352, 74
  • B.N.S.S. — s. 482(2)

Subjects

  • anticipatory bail
  • criminal procedure
  • assault
  • false case
  • clean antecedents
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.86504 of 2025
                    Arising Out of PS. Case No.-614 Year-2025 Thana- JAHANABAD District- Jehanabad
                 ======================================================
                 Dharamshila Devi W/o Awdhesh Gope Resident of Village- Unta Madarpur
                 Near Hata, P.S. and District- Jehanabad

                                                                                  ... ... Petitioner/s
                                                       Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Kunwar Digvijay Singh, Advocate
                 For the State           :        Mr. Prem Kumar Jha, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   07-01-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends her arrest in a case

                   registered for the offence punishable under Sections 126(2),

                   115(2), 109, 74, 352 and and 3(5) of the B.N.S..

                                3. As per prosecution case, it is alleged that this

                   petitioner assaulted on the head of informant by means of bricks

                   due to which her head ruptured.

                                4. It is submitted by learned counsel appearing on

                   behalf of the petitioner that petitioner is quite innocent and has

                   committed no offence. As a matter of fact, both parties are co-

                   villagers and due to petty dispute enmity, this false and

                   concocted case has been lodged. Doctor has found the injuries,

                   sustained by the injured, simple in nature. Petitioner is a lady
             Patna High Court CR. MISC. No.86504 of 2025(2) dt.07-01-2026
                                                         2/2




                       and claims clean antecedents.

                                     5. Learned A.P.P. for the State has vehemently

                       opposed the prayer for grant of anticipatory bail to the

                       petitioner.

                                     6. Considering the facts and circumstances of the

                       case, nature of injuries sustained by the injured and clean

                       antecedents of the petitioner, the prayer for grant of anticipatory

                       bail to the petitioner is allowed.

                                     7. Accordingly, in the event of arrest/surrender within

                       a period of eight weeks from today, let the above named

                       petitioner 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 learned C.J.M., Jehanabad in

                       connection with Jehanabad P.S. Case No. 614 of 2025, subject

                       to condition as laid down under Section 482(2) of the B.N.S.S..



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T


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