Patna High Court
Muliya Devi @ Phuliya DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court granted bail to the petitioners subject to the stipulated bond and conditions.
Summary
The petitioners, members of the family of co-accused Nandan Mukhiya, sought bail after being apprehended in a case registered under multiple sections of the Bhartiya Nyaya Sanhita, including serious offences such as rape. They contended that the allegations against them were limited to simple assault and that the FIR was lodged four days after the incident without a satisfactory explanation, emphasizing their clean antecedents. The State opposed the bail, arguing the seriousness of the charges. The Court examined the delay in filing the FIR, the nature of the allegations against the petitioners, and the statutory provisions governing bail. Considering the circumstances, the Court ordered that the petitioners be released on bail upon surrender within eight weeks, subject to a bail bond of Rs.10,000 with two sureties and conditions under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether bail should be granted to the petitioners despite the serious nature of the charges under the Bhartiya Nyaya Sanhita.
- Whether the four‑day delay in lodging the FIR warrants denial of bail.
- Whether the conditions prescribed under Section 482 of the Bhartiya Nagrik Suraksha Sanhita, 2023, are satisfied.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482
- Bhartiya Nyaya Sanhita — s. 115(2), 126(2), 303(2), 308(2), 3(5), 351(2), 352, 76
Subjects
- bail
- delay in FIR
- rape allegation
- simple assault
- clean antecedent
- Section 482
- Bhartiya Nyaya Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86553 of 2025
Arising Out of PS. Case No.-31 Year-2025 Thana- MADHEPURA District- Madhepura
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1. Muliya Devi @ Phuliya Devi W/o Ramchandra Mukhiya R/o Village -
Madanpur Goriyari, Ward No. 01, P.S - Bharrahi, District - Madhepura
2. Rinku Devi W/o Nandan Mukhiya @ Nandan Mukhia R/o Village -
Madanpur Goriyari, Ward No. 01, P.S - Bharrahi, District - Madhepura
3. Ramchandra Mukhiya S/o Late Jhakash Mukhiya R/o Village - Madanpur
Goriyari, Ward No. 01, P.S - Bharrahi, District - Madhepura
4. Babloo Mukhiya S/o Ramchandra Mukhiya R/o Village - Madanpur
Goriyari, Ward No. 01, P.S - Bharrahi, District - Madhepura
5. Roshan Kumar S/o Nandan Mukhia @ Nandan Mukhiya R/o Village -
Madanpur Goriyari, Ward No. 01, P.S - Bharrahi, District - Madhepura
6. Ritesh Mukhia S/o Nandan Mukhia @ Nandan Mukhiya R/o Village -
Madanpur Goriyari, Ward No. 01, P.S - Bharrahi, District - Madhepura
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr.Sama Akhtar
For the Opposite Party/s : Mr.Kumar Veerendra Narayan
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CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
3 22-01-2026 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 115(2), 126(2), 76,
308(2), 303(2), 351(2), 352, 3(5) of the Bhartiya Nyaya Sanhita.
3. Learned counsel for the petitioners submits that
petitioners are family members of co-accused Nandan Mukhiya,
against whom there is allegation of committing rape upon
informant. So far as these petitioners are concerned, they are
Patna High Court CR. MISC. No.86553 of 2025(3) dt.22-01-2026
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only alleged to have committed simple maarpit with informant.
Rest of the allegation is ornamental. There is delay of four days
in lodging the F.I.R. and there is no plausible explanation of
delay. Petitioners claim clean antecedent.
4. Learned A.P.P. for the State has opposed the bail
petition.
5. Considering the aforesaid facts and circumstances,
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 C.J.M., Madhepura in connection with
Madhepura P.S. Case No. 31 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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