Patna High Court
Dharamshila DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
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
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
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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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