Patna High Court
Janki DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The court granted bail to the petitioner with conditions.
Summary
Janki Devi was arrested on 9 September 2025 in connection with a case involving alleged assault on an informant’s wife, sister and brother‑in‑law, though no injuries were recorded. The prosecution also added a charge of causing the informant’s death, but the specific assault allegation against the petitioner was contested, with the co‑accused being primarily implicated. The petitioner’s counsel argued that she has a clean antecedent and was falsely implicated, while the prosecution opposed bail. The court noted the lack of injury evidence, the petitioner’s clean record, and that the primary assault was attributed to co‑accused, and therefore granted bail on a bond of Rs 10,000 with two sureties and several conditions. The bail order required the petitioner’s cooperation with the trial, presence in court, and prohibited tampering with evidence or witnesses.
Issues considered
- Whether bail should be granted to the petitioner despite multiple serious charges under the B.N.S.
- Whether the lack of injury evidence and the petitioner’s clean antecedent justify bail
Legislation cited
- B.N.S. — s. 103(1), 109, 115(2), 118(1), 126(2), 303(2), 3(5), 351(2), 352
Subjects
- bail
- assault
- false implication
- clean antecedent
- Criminal Procedure Code
- B.N.S. sections
- court conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88057 of 2025
Arising Out of PS. Case No.-222 Year-2025 Thana- ISHAKCHAK District- Bhagalpur
======================================================
Janki Devi Wife of Subodh Rai Resident of Village- Bhikhanpur Barhi Tola,
near Kali Aasthan, P.S.- Ishakchak, District- Bhagalpur
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjan Kumar Jha, Advocate
For the Opposite Party/s : Mr. Mohammed Arif, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 15-01-2026 Heard Mr. Ranjan Kumar Jha, learned counsel for the
petitioner and Mr. Mohammed Arif, learned Additional Public
Prosecutor for the State.
2. The petitioner seeks bail, who is in custody since
09.09.2025 in connection with Ishakchak P.S. Case No. 222 of
2025, F.I.R. dated 04.09.2025 for the offences punishable under
Sections 126(2), 115(2), 118(1), 303(2), 352, 351 (2), 3(5), 109
of the B.N.S. but later on section 103(1) of the BNS has also
been added.
3. According to prosecution case, petitioner is alleged
to have assaulted the informant’s wife, sister and brother in law
by fist and slaps but none has sustained injury.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and he has falsely been
implicated in the present case. Although the petitioner is named
Patna High Court CR. MISC. No.88057 of 2025(2) dt.15-01-2026
2/3
in the F.I.R. but from bare perusal of F.I.R., it appears that co-
accused persons assaulted the informant by means of farsa on
his head and later on he died. Learned counsel further submits
that the allegation against this petitioner is that she assaulted
informant’s wife, sister and brother-in-law but there is no injury
report on the record which suggest that none have sustained any
injury. The police after investigation, submitted chargesheet
against the petitioner and the petitioner is in custody since
09.09.2025.
5. Learned Additional Public Prosecutor has
vehemently opposed the prayer for bail of the petitioner.
6. Considering the aforesaid facts and circumstances,
petitioner has clean antecedent, specific allegation of assault is
against co-accused persons, let the petitioner, above named, 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 the learned A.C.J.M., Bhagalpur in connection
with Ishakchak P.S. Case No. 222 of 2025, with the 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
Patna High Court CR. MISC. No.88057 of 2025(2) dt.15-01-2026
3/3
on 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 her
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)
Ranjeet/-
U T
Checking your session…