Patna High Court
Rajiya DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The Court held that the petitioner is entitled to anticipatory bail, subject to the conditions prescribed in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
Summary
Rajiya Devi, the wife of an accused, sought anticipatory bail fearing arrest in a case (PS No.79/2025) involving multiple offences under the Bharatiya Nagrik Suraksha Sanhita (B.N.S.). The prosecution alleged that she and her sister‑in‑law were attacked, assaulted and their jewellery stolen by the accused, while the petitioner claimed she had no specific allegation against her, no criminal antecedent and was falsely implicated. The State opposed the bail, arguing the seriousness of the offences. The Court, after considering the submissions, ordered that the petitioner be released on bail if arrested or surrendered within six weeks, upon furnishing a bail bond of Rs.10,000 with two sureties, subject to the conditions of Section 482(2) B.N.S.S., 2023. The order reflects the Court’s discretion to grant anticipatory bail where the petitioner appears unlikely to flee or tamper with evidence.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita.
- Whether the petitioner is likely to be involved in the alleged offences or to interfere with the investigation.
- Whether the conditions for bail under the B.N.S. are satisfied.
Legislation cited
- Bharatiya Nagrik Suraksha Sanhita — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 191(3), 303(2), 3(5), 482(2), 74, 76
Subjects
- anticipatory bail
- bail conditions
- Section 482
- Bharatiya Nagrik Suraksha Sanhita
- assault
- outrage of modesty
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.87492 of 2025
Arising Out of PS. Case No.-79 Year-2025 Thana- SINDHUGAR District- Gaya
======================================================
Rajiya Devi Wife of Bhuneshwar Yadav @ Muneshwar Yadav Resident of
Village - Bardag Tola Parsiniya, P.S.- Sindhugarh, District - Gayaji.
... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Arvind Kumar Singh, Advocate
For the Opposite Party/s : Mr. Pranav Kumar, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-01-2026 Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends her arrest in connection
with Sindhugarh P.S. Case No. 79 of 2025, instituted under
Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109,
303(2), 74, 76, 3(5) of the B.N.S.
3. As per the prosecution case, on the date of
occurrence, the informant and her sister-in-law were going to
their field for plantation of crops, in the way petitioner along
with F.I.R. named accused persons armed with weapons came.
Co-accused Bhuneshwar Yadav caught the hair of informant and
tried to outrage her modesty. Co-accused Vikash Kumar
assaulted her with iron rod causing head injury. When her
Gotani tried to save her, the accused persons also assaulted her.
They also snatched their Mangalsutra and ear rings.
Patna High Court CR. MISC. No.87492 of 2025(2) dt.12-01-2026
2/2
4. Learned counsel for the petitioner submits that
petitioner is innocent and has falsely been implicated in this
case being wife of co-accused Bhuneshwar Yadav @
Muneshwar Yadav. There is no specific allegation of assault
against the petitioner. There is case and counter case between
the parties. Petitioner is a lady having no criminal antecedent.
Petitioner undertakes to co-operate in the investigation and trial.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the
case and submission of learned counsel for the parties, in the
event of arrest or surrender before the Court below within six
weeks from today, the petitioner be released on bail upon
furnishing bail bonds of Rs. 10,000/- (ten thousand) with two
sureties of the like amount each to the satisfaction of learned
A.C.J.M. II, Gayaji in connection with Sindhugarh P.S. Case
No. 79 of 2025, subject to the conditions laid down in Section
482 (2) of the Bharatiya Nagrik Suraksha Sanhita (B.N.S.S.),
2023.
(Sunil Dutta Mishra, J.)
rakhi/-
U T
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