Patna High Court
Rani DeviversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
The court dismissed the anticipatory bail application of petitioners 2 and 3 and granted conditional anticipatory bail to petitioner 1.
Summary
The petitioners Rani Devi, Sonu Kumar and Shrawan Kumar sought anticipatory bail fearing arrest in a case (No. 516 of 2025) alleging assault of three women under several sections of the Bihar Special (BNSS) Act. The prosecution alleged that the petitioners had regularly assaulted the informant's wife and child. The petitioners claimed innocence and argued that the case was false. The informant and the State opposed anticipatory bail, citing the alleged assaults. The court denied anticipatory bail to petitioners Sonu Kumar and Shrawan Kumar, ordering them to surrender within two weeks, while granting conditional anticipatory bail to Rani Devi, a woman, subject to a bail bond and sureties under CrPC Section 438(2) and BNSS Section 482.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the allegations of assault under the BNSS Act.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 438(2)
Subjects
- anticipatory bail
- assault
- Criminal Procedure Code
- Section 438
- Section 482
- Bihar High Court
- gender
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.88422 of 2025
Arising Out of PS. Case No.-516 Year-2025 Thana- MADHAURAH District- Saran
======================================================
1. Rani Devi W/o Santosh Singh R/o vill- Bisunpur Jagdish, P.S.- Marhowrah,
Distt.- saran at chapra
2. Sonu Kumar S/o Mukesh Singh R/o vill- Bisunpur Jagdish, P.S.-
Marhowrah, Distt.- saran at chapra
3. Shrawan Kumar S/o Kameshwar Singh R/o vill- Bisunpur Jagdish, P.S.-
Marhowrah, Distt.- saran at chapra
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Narendra Kumar, Advocate
Mr.Akash Ambuj, Advocate
For the Informant : Mr.Mukesh Kumar Singh, APP’
For the State : Mr.Shyam Kumar Singh, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioners and
learned A.P.P. for the State.
2. The petitioners apprehend arrest in connection
with Marhowrah P.S. Case No. 516 of 2025 instituted under
Sections 126(2), 115(2), 118(1), 109, 352, 351(2), 3(5) of the
B.N.S.
3. As per the prosecution case, petitioners are said to
have assaulted three women.
4. Learned counsel for the petitioners submits that
the petitioners are innocent and have been falsely implicated in
this case. There is case and counter case between the parties.
Patna High Court CR. MISC. No.88422 of 2025(2) dt.15-01-2026
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5. Learned counsel for the informant and learned
A.P.P. for the State have jointly opposed the prayer for
anticipatory bail of the petitioners on the ground that
petitioners used to regularly assault the wife and two girl child
of the informant who lived in village.
6. Considering the fact that petitioner nos. 2 and 3
are said to have assaulted the women, I am not inclined to grant
anticipatory bail to the petitioner nos. 2 and 3.
7. Accordingly, this application on behalf of
petitioner nos. 2 and 3 stands dismissed.
8. The petitioner nos. 2 and 3 are directed to surrender
within two weeks from today and pray for regular bail, failing
which the Senior Superintendent of Police, Saran will take all
steps for arrest of the petitioners.
9. So far as petitioner no. 1 is concerned, she is a
women, therefore petitioner no. 1, above named, in the event of
her arrest or surrender before the concerned Court below within
four weeks from today, 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 Chief Judicial
Magistrate, Saran at Chapra/ concerned Court below in
connection with Marhourah P.S. Case No. 516 of 2025, subject
Patna High Court CR. MISC. No.88422 of 2025(2) dt.15-01-2026
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to the conditions laid down in Section 438(2) of the Code of
Criminal Procedure, 1973 / Section 482 of the BNSS.
10. Let a copy of this order be communicated to the
Senior Superintendent of Police, Saran through FAX or e-mail
for its compliance.
(Sandeep Kumar, J)
tusharika/-
U T
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