Patna High Court
Babita DeviversusThe State of Bihar
- Decided
- Disposal
- ALLOWED
- Bench
- SUNIL DUTTA MISHRA
Holding
The court held that anticipatory bail may be granted under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, subject to conditions.
Summary
The petitioner, Babita Devi, sister‑in‑law of the informant, was implicated in a case alleging she instigated the killing of the informant during a family and land dispute. The informant claimed he was assaulted by co‑accused, resulting in injuries, and the petitioner was accused of encouraging the assault. She applied for anticipatory bail, asserting innocence, a clean record, and willingness to cooperate with the investigation. The State opposed the bail, citing the seriousness of the charges under multiple sections of the Bharatiya Nagarik Suraksha Sanhita, 2023. Considering the circumstances, the court granted anticipatory bail on the condition that the petitioner surrenders within six weeks and furnishes a bail bond of Rs.10,000 with two sureties, subject to Section 482(2) of the Act.
Issues considered
- Whether anticipatory bail can be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 despite the serious nature of the charges.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 482(2)
Subjects
- anticipatory bail
- Section 482
- Bharatiya Nagarik Suraksha Sanhita
- criminal law
- instigation
- family dispute
- land dispute
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88193 of 2025
Arising Out of PS. Case No.-433 Year-2025 Thana- JHAJHA District- Jamui
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Babita Devi W/o Dilip Prasad Barnwal @ Dilip Kumar Baranwal R/o Village-
Purani Bazar, Gandhi Chowk, Jhajha, Police Station- Jhajha, District- Jamui.
... ... Petitioner/s
Versus
The State of Bihar.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pankaj Kumar Sinha, Advocate.
For the Opposite Party/s : Mr. Shailendra Kumar Singh, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER
2 12-01-2026 1. Heard learned counsel for the petitioner and learned
A.P.P. for the State.
2. The petitioner apprehends her arrest in connection
with Jhajha P.S. Case No.433 of 2025 instituted under Sections
126(2), 115(2), 117(1), 118(2), 109, 351(2), 352, 3(5) of the
B.N.S., 2023.
3. As per the prosecution case, the elder brother of
informant is married but the informant is still a bachelor and
there is partition between them and they are in their respective
possession. It is alleged that on 28.08.2025 when the informant
returned, he found his room was locked and when the informant
inquired about that, the accused persons became furious and
started abusing the informant. It is further alleged that when the
informant protested, his elder brother who is co-accused,
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namely, Dilip Prasad Baranwal smashed down him on the earth
causing injury and co-accused Vinay Kumar gave blow by
means of iron rod causing injury to him. The allegation against
the petitioner who is sister-in-law of the informant is that she
instigated the co-accused persons to kill the informant.
4. Learned counsel for the petitioner submits that
petitioner is innocent and has been falsely implicated in this
case. He further submits that the petitioner is sister-in-law of the
informant and the dispute arose between the parties is regarding
the lock of room. Learned counsel submits that there is land
dispute between the parties. He further submits that due to
falling of informant on earth, his right hand was fractured and
except the said injury, the other injuries are simple in nature.
Learned counsel submits that the petitioner has got clean
antecedent and she undertakes to cooperate in the investigation
and trial of the case.
5. Learned A.P.P. for the State opposes the prayer for
anticipatory bail.
6. Considering the facts and circumstances of the case
and submissions 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
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bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two
sureties of the like amount to each to the satisfaction of the
learned Chief Judicial Magistrate, Jamui/ concerned Court in
connection with Jhajha P.S. Case No.433 of 2025, subject to the
conditions laid down in Section 482(2) of the Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Sunil Dutta Mishra, J)
Ritik/-
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