Patna High Court
Baby Devi @ Babita DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJESH KUMAR VERMA
Holding
The court held that anticipatory bail may be granted to Baby Devi with specified conditions under Section 438(2) CrPC, and that Shiv Shankar Sah’s application was withdrawn, permitting him to surrender and seek regular bail.
Summary
The petitioners, Baby Devi and Shiv Shankar Sah, sought anticipatory bail in a criminal case (Town P.S. Case No.171 of 2025) involving offences under various sections of the B.N.S. Baby Devi argued she was merely an order‑giver with no prior record, while the State opposed bail. Shiv Shankar Sah requested to withdraw his application and surrender for regular bail. The court granted permission for Shiv Shankar Sah to withdraw his anticipatory bail application, allowing him to surrender within two weeks and apply for regular bail. The court then granted anticipatory bail to Baby Devi, subject to a Rs.10,000 bond, two sureties, and conditions under Section 438(2) of the CrPC, including cooperation with the trial, no tampering with evidence, and verification of criminal antecedent. The order stipulated that bail could be cancelled if conditions were breached.
Issues considered
- Whether anticipatory bail can be granted to Baby Devi under Section 438 CrPC despite the allegations under the B.N.S.
- Whether Shiv Shankar Sah may withdraw his anticipatory bail application and surrender for regular bail
- What conditions are appropriate under Section 438(2) for the grant of anticipatory bail
Legislation cited
- B.N.S. — s. 109, 115(2), 126(2), 3(5), 351(2), 352, 76
- Code of Criminal Procedure — s. 438(2)
Subjects
- anticipatory bail
- Section 438
- bail conditions
- criminal antecedent
- withdrawal of application
- regular bail
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.86886 of 2025
Arising Out of PS. Case No.-171 Year-2025 Thana- DARBHANGA District- Darbhanga
======================================================
1. Baby Devi @ Babita Devi W/o Lalit Kumar @ Lalit Sah R/o Village -
Ratnopatti, P.S. - Nagar, Distt. - Darbhanga.
2. Shiv Shankar Sah Son of Ram Bilash Sah R/o Village - Ratnopatti, P.S. -
Nagar, Distt. - Darbhanga.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Shiva Shankar Sharma, Advocate
For the Opposite Party/s : Ms.Sharda Kumari, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 08-01-2026 After some arguments, learned counsel for the
petitioners seeks permission to withdraw this application with
respect to petitioner No.2, namely, Shiv Shankar Sah with
liberty to the petitioner to surrender before the learned court
below within a period of two weeks from today and seek regular
bail.
2. Permission is accorded.
3. The application is dismissed as withdrawn with
respect to petitioner No.2, namely, Shiv Shankar Sah with the
liberty that the petitioner surrenders and seeks regular bail
before the learned court below, the same shall be considered on
the same day on its own merit in accordance with law and
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without being prejudiced by any observation in the present
order.
4. Heard Mr.Shiva Shankar Sharma, learned counsel
for the petitioner No.1, namely, Baby Devi @ Babita Devi and
Ms.Sharda Kumari, learned Additional Public Prosecutor for the
State.
5. Petitioner No.1, namely, Baby Devi @ Babita Devi
is apprehending her arrest in connection with Town P.S. Case
No.171 of 2025, dated 30.09.2025 registered for the offences
punishable under Sections 115(2), 126(2), 76, 109, 351(2),
352,3(5) of B.N.S.
6. Allegation against the petitioner is that she is order-
giver in the present occurrence.
7. Learned counsel appearing for the petitioner
submits that the petitioner has clean antecedent. She has not
committed any offence as alleged in the FIR. It appears from the
FIR that although she is named in the FIR but there is no
specific allegation of any assault or overt-act attributed against
the petitioner only allegation against the petitioner is that she is
order-giver.
8. Learned counsel for the informant and learned
A.P.P. for the State have vehemently opposed the prayer for
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anticipatory bail of the petitioner.
9. Considering the aforesaid facts, let the petitioner,
above named, in the event of her arrest or surrender before the
court below within a period of thirty days from the date of
receipt of the order, be released 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 Chief Judicial
Magistrate, Darbhanga in connection with Town P.S. Case
No.171 of 2025, subject to the conditions as laid down under
Section 438(2) of the Code of Criminal Procedure and with
other following conditions:-
(I) Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the Court
and shall remain physically present as directed by the Court and
on his/her absence on two consecutive dates without sufficient
reason, his/her bail bond shall be cancelled by the Court below.
(II) If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to move
for cancellation of bail.
(III) And, further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage, it is found that the petitioner has concealed his/her
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criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
verification.
(Rajesh Kumar Verma, J)
Nitesh/-
U T
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