Patna High Court
Veena DeviversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- SATYAVRAT VERMA
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The court granted anticipatory bail to petitioners Veena Devi and Puja Devi subject to conditions, and dismissed the withdrawn application of petitioner Suman Kumar.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
- Code of Criminal Procedure, 1973 — s. 438(2), 482(2)
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
2/3
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
3/3
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
Checking your session…