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Patna High Court

Phul Kumari DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

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

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
                                                        3/3




                              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/-

U      T


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