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Patna High Court

Vishwanath TudduversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The court granted bail to the petitioner woman, Manisha Devi, subject to the stipulated conditions.

Summary

Vishwanath Tuddu and his wife Manisha Devi sought bail in a criminal case (Barhara Kothi P.S. Case No. 214 of 2025) alleging assault on a deceased person. The petition for Vishwanath Tuddu was withdrawn, leaving only the application of Manisha Devi. The prosecution alleged that the petitioners assaulted the deceased who died during treatment, and the defence highlighted that the allegation against Manisha Devi was a general, omnibus one against a woman. The court, considering these facts, partially allowed the bail application for Manisha Devi, directing her release on furnishing a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 438(2) of the CrPC and Section 482 of the Bihar Narcotic Substances Act. The order was pronounced by Justice Sandeep Kumar.

Issues considered

  • Whether bail can be granted to the accused woman under Section 438(2) CrPC and Section 482 of the BNSS despite a general and omnibus allegation.
  • Whether the nature of the alleged offence (assault leading to death) warrants denial of bail.

Legislation cited

Subjects

  • bail
  • Section 438 CrPC
  • Section 482 BNSS
  • gender considerations
  • general allegation
  • assault
  • criminal procedure
  • Bihar

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.88625 of 2025
                   Arising Out of PS. Case No.-214 Year-2025 Thana- BARHARA KOTHI District- Purnia
                 ======================================================
           1.     Vishwanath Tuddu S/O Kari Tuddu @ Kare Tuddu R/O Village- Bangthi,
                  Ward No. 7, P.S- Barhara Kothi, Distt.- Purnea.
           2.    Manisha Devi W/O Vishwasnath Tuddu R/O Village- Bangthi, Ward No. 7,
                 P.S- Barhara Kothi, Distt.- Purnea.

                                                                                 ... ... Petitioner/s
                                                      Versus
                 The State of Bihar Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Sumit Kumar Bhagat
                 For the Opposite Party/s :      Mr.Arun Kumar Singh
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   15-01-2026                     Heard learned counsel for the petitioner and learned

                   APP for the State.

                                 2. Learned counsel for the petitioner prays for and is

                   permitted to withdraw this application on behalf of the

                   petitioner no. 1.

                                3. Accordingly, this application is dismissed as

                   withdrawn with regard to petitioner no. 1 and now this

                   application is restricted to petitioner nos. 2 only.

                                   4. The petitioner no. 2 apprehends her arrest in

                   connection with Barhara Kothi P.S. Case No. 214 of 2025

                   registered for the offence under Sections 103(1), 3(5) of the

                   BNS, 2023.
          Patna High Court CR. MISC. No.88625 of 2025(2) dt.15-01-2026
                                                      2/2




                                    5. As per the prosecution case, allegation against

                    the petitioners is that they have assaulted the deceased who died

                    during the course of treatment.

                                    6. It has been submitted by the learned counsel for

                    the petitioners that the petitioner no. 02 is a woman and there is

                    general and omnibus allegation against her.

                                    7. Considering the aforesaid facts, this application

                    is partly allowed with regard to petitioner no. 2.

                                    8. Let the petitioner no. 2, 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

                    CJM, Purnea/concerned Court below in connection with

                    Barhara Kothi P.S. Case No. 214 of 2025, subject to the

                    conditions laid down in Section 438(2) of the Code of Criminal

                    Procedure, 1973 / Section 482 of the BNSS.



                                                             (Sandeep Kumar, J)
Vikas/-

U


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