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Patna High Court

Rajiya DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

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

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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