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Patna High Court

Veena DeviversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court granted anticipatory bail to petitioners Veena Devi and Puja Devi subject to conditions, and dismissed the withdrawn application of petitioner Suman Kumar.

Summary

The petitioners, Veena Devi and Puja Devi, women with clean antecedents, were implicated in a case alleging assault under various sections of the BNS. They contended that the allegations against them were vague and that the real perpetrators were male family members, including Subhash and Tinku, who allegedly used an axe and a knife. The State opposed anticipatory bail for the women, arguing that their alleged involvement facilitated the male accused. The court allowed the withdrawal of the anticipatory bail application of petitioner Suman Kumar and, after considering the submissions, granted anticipatory bail to petitioners Veena Devi and Puja Devi subject to bail bonds and sureties. The bail was conditioned on compliance with Section 438(2) of the Cr.P.C. and Section 482(2) of the BNSS, and the order stipulated surrender within six weeks if arrested.

Issues considered

  • Whether anticipatory bail should be granted to the female petitioners under the circumstances of the case
  • Whether the allegations against the petitioners are sufficient to deny bail
  • Whether the withdrawal of petitioner No.2's anticipatory bail application is permissible

Legislation cited

Subjects

  • anticipatory bail
  • false implication
  • assault
  • women
  • Section 438
  • Section 482
  • Criminal Procedure Code
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.87987 of 2025
                        Arising Out of PS. Case No.-388 Year-2025 Thana- KHAIRA District- Jamui
                 ======================================================
           1.     Veena Devi W/o Suman Kumar @ Sonu Ram R/o- Dharampur (New Tola),
                  P.S.- Jamui, District- Jamui
           2.    Suman Kumar @ Sonu Ram S/o Rajendra Ram R/o- Dharampur (New
                 Tola), P.S.- Jamui, District- Jamui
           3.     Puja Devi W/o Mantu Kumar Ram @ Mantu Ram R/o- Dharampur (New
                  Tola), P.S.- Jamui, District- Jamui
                                                                    ... ... Petitioner/s
                                                      Versus
                 The State of Bihar
                                                             ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Rajesh Kumar Sinha, Advocate
                 For the Opposite Party/s :       Mr. Nand Kishore Prasad, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   29-01-2026                  1. Heard learned counsel for the petitioners and

                   learned A.P.P. for the State.

                                2. Learned counsel for the petitioners, after some

                   arguments, seeks permission to withdraw the anticipatory bail

                   application of petitioner no. 2, namely, Suman Kumar @ Sonu

                   Ram.

                                3. Permission is accorded.

                                4. Accordingly, the anticipatory bail application of

                   petitioner no. 2 is dismissed as withdrawn.

                                5. The petitioners no. 1 and 3 apprehend their arrest in

                   a case registered for the offences punishable under Sections

                   191(2), 191(3), 109(1), 329, 126(2), 115(2), 351(2), 352, 118(1)
Patna High Court CR. MISC. No.87987 of 2025(2) dt.29-01-2026
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          and 190 of the BNS.

                       6. Learned counsel for the petitioners no. 1 and 3

          submits that petitioners no. 1 and 3 are persons with clean

          antecedent and are women and the informant alleges that

          accused persons including the petitioners came on 07.09.2025,

          at 09:00 p.m., and started abusing. Further, on orders of

          Tapeshwar, accused Subhash assaulted the informant by axe

          causing injury on his head thereafter Tinku stabbed him causing

          injury on his stomach while Raushan and Mantu assaulted the

          informant on his left hand while Puja, Veena and Kavita

          assaulted him on his leg and also assaulted his wife and mother.

                       7. Learned counsel for the petitioners no. 1 and 3

          submits that petitioners no. 1 and 3 have been falsely implicated

          in the instant case by the informant. It is further submitted that

          from perusal of the allegation as alleged in the FIR, it would

          manifest that no specific allegation of assault is alleged against

          the petitioners no. 1 and 3 rather allegation of assaulting by axe

          and knife is against Subhash and Tinku. It is next submitted that

          even female members of the family have been implicated with

          general and omnibus allegation.

                       8. Learned A.P.P. for the State opposes the prayer for

          anticipatory bail of the petitioners no. 1 and 3 but then fairly
           Patna High Court CR. MISC. No.87987 of 2025(2) dt.29-01-2026
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                     submits that women members of the family might have been

                     falsely implicated in order to coerce the male members into

                     submission but then what is not disputed is that Tinku stabbed

                     the informant causing injury on his stomach and presence of the

                     male accused at the place of occurrence emboldened Tinku to

                     commit the occurrence of stabbing.

                                  9. Considering the submissions made by the learned

                     counsel for the petitioners no. 1 and 3, let the petitioners no. 1

                     and 3 above-named, in the event of their arrest or surrender

                     before the learned trial court within a period of six weeks from

                     today, be released on anticipatory bail on furnishing bail bonds

                     of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of

                     the like amount each to the satisfaction of the learned trial court

                     where the case is pending/Successor Court in connection with

                     Khaira P.S. Case No. 388 of 2025, subject to the conditions as

                     laid down under Section 438(2) of the Cr.P.C./482(2) of the

                     BNSS.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T


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