Patna High Court
Phul Kumari DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The petitioners are entitled to anticipatory bail.
Summary
The petitioners, who are the mother, father and elder brother of accused Ankaj Kumar, applied for anticipatory bail in a case where informant Savita Kumari alleged that the petitioners abused, assaulted and threatened her after she complained about Ankaj's refusal to marry her. The prosecution charged offences under Sections 126(2), 115(2), 69, 318(4), 351(2), 352 and 3(5) of the Bhartiya Nyaya Sanhita. The petitioners contended that the allegations against them were vague, general and omnibus, and pointed out that Ankaj Kumar had already been granted anticipatory bail by a coordinate bench of the same court. The court, noting the lack of specific allegations and the prior grant of bail to the co‑accused, decided to extend anticipatory bail to the petitioners subject to a bail bond and sureties. Consequently, the application for anticipatory bail was allowed.
Issues considered
- Whether anticipatory bail can be granted to the petitioners when the allegations against them are general and omnibus.
- Whether the grant of anticipatory bail to the co‑accused Ankaj Kumar influences the petitioners' entitlement to bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 115(2), 126(2), 318(4), 3(5), 351(2), 352, 69
Subjects
- anticipatory bail
- general allegations
- omnibus allegations
- family members
- assault
- threat
- criminal procedure
- bail bond
- Section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.8907 of 2026
Arising Out of PS. Case No.-86 Year-2025 Thana- MAHILA P.S. District- Vaishali
======================================================
1. Phul Kumari Devi W/O Raghunath Sah Resident of Village- Sorhatha @
Sonratha Dharampur, P.S.- Vaishali, Belsar O.P., District- Vaishali
2. Raghunath Sah S/O Late Payarelal Sah Resident of Village- Sorhatha @
Sonratha Dharampur, P.S.- Vaishali, Belsar O.P., District- Vaishali
3. Pankaj Kumar S/O Raghunath Sah @ Ranthunath Sah Resident of Village-
Sorhatha @ Sonratha Dharampur, P.S.- Vaishali, Belsar O.P., District-
Vaishali
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Rajeev Ranjan No. Ii
For the Opposite Party/s : Mr. Jitendra Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 06-05-2026 1. Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Mahila Police Station Case No. 86 of 2025, dated
03.11.2025, disclosing offences under Sections
126(2)/115(2)/69/318(4)/351(2)/352/3(5) of the Bhartiya
Nyaya Sanhita.
3. The prosecution case, in brief, is that informant, namely
Savita Kumari, alleged that she met with the co-accused
Ankaj Kumar at Vaishali Gadh on 19.06.2018 and since
then both had been talking with each other and on the
Patna High Court CR. MISC. No.8907 of 2026(3) dt.06-05-2026
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pretext of getting marriage co-accused Ankaj Kumar
made physical relation with the informant multiple times
and also gave assurance that after solemnization of
marriage of his elder brother he would perform marriage
with her. However, after solemnization of marriage of co-
accused Ankaj Kumar’s elder brother, he refused to get
marry with informant and when informant went to
complain to the petitioners, then the petitioners abused
and assaulted her and also threatened her with dire
consequences.
4. Learned counsel for the petitioners submits that the
petitioner nos. 1, 2 and 3 are mother, father and elder
brother, respectively, of co-accused Ankaj Kumar, with
whom the informant was in love relationship since 2018.
He next submits that no specific allegation has been
alleged against the petitioners and the allegations are
general and omnibus in nature. He further submits that
co-accused Ankaj Kumar has been granted anticipatory
bail by a Co-ordinate Bench of this Court in Cr. Misc. No.
18465 of 2026.
5. Having regard to the submissions made on behalf of the
parties and taking into consideration the fact that the
Patna High Court CR. MISC. No.8907 of 2026(3) dt.06-05-2026
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petitioners are family members of co-accused Ankaj
Kumar with whom the informant had love relationship,
the allegations against the petitioners are general and
omnibus in nature and co-accused Ankaj Kumar has been
granted anticipatory bail by a Co-ordinate Bench of this
Court, I am inclined to grant the petitioners privilege of
anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their
arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (Ten Thousand) each with two sureties of the
like amount each to the satisfaction of learned Sub-
Divisional Judicial Magistrate, Vaishali at Hajipur, in
connection with Mahila Police Station Case No. 86 of
2025, subject to the condition laid down under Section
482 (2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
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