Patna High Court
Vishwanath TudduversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
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 The petition for Vishwanath Tuddu was withdrawn, leaving only the application of Manisha Devi.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
- Bihar Narcotic Substances Act, 2023 — s. 103(1), 3(5), 482
- Code of Criminal Procedure, 1973 — s. 438(2)
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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