Patna High Court

Pramila DeviversusThe State of Bihar

Decided: 15 January 2026
Disposal: BAIL GRANTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail is allowed to the petitioner under Section 482(2) of the BNS, 2023.

Summary

Petitioner Pramila Devi sought anticipatory bail fearing arrest in a case registered under several offences of the Bharatiya Nagarik Suraksha Sanhita (BNS). The prosecution alleged that she, along with co‑accused, assaulted the informant’s family, with the informant’s father being injured by iron rod and a cutting weapon. The petitioner contended she only slapped the father with her hand, had no criminal antecedent, and that the specific assault charges pertained to the co‑accused. The State’s counsel did not dispute her claim. Considering the facts, the Court granted anticipatory bail, directing that if she is arrested within eight weeks she may be released on a bail bond of Rs.10,000 with two sureties, subject to conditions under Section 482(2) of the BNS, 2023.

Issues considered

Whether anticipatory bail should be granted to the petitioner under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 in view of the alleged offences.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 109(1), 115(2), 127(2), 303(2), 3(5), 351(2), 351(3), 482(2)

Subjects

anticipatory bail
Section 482
Bharatiya Nagarik Suraksha Sanhita
assault
criminal procedure
bail conditions
female petitioner
clean antecedent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.89687 of 2025
                     Arising Out of PS. Case No.-412 Year-2024 Thana- BATHNAHA District- Sitamarhi
                 ======================================================
                 Pramila Devi, W/O Navin Kumar Chaudhary @ Navin Chaudhary, Resident
                 of Village- Lachhua, P.S.- Bathnaha, Dist- Sitamarhi.

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr. Ashok Kumar Jha, Advocate
                 For the Opposite Party/s :       Mr. Bharat Lal, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   15-01-2026                    Heard learned counsel for the petitioner, and the
                   learned APP for the State.
                                  2. Petitioner apprehends her arrest in a case
                   registered for the offences punishable under Sections 127(2),
                   115(2), 303(2), 109(1), 351(2), 351(3), 3(5) Of the BNS.
                                  3. Prosecution case, in brief, is that the informant
                   and his father went at his uncle’s house, they saw that
                   petitioner along with co-accused persons were assaulting his
                   uncle, aunt and cousin sister after confining in a room. On
                   protest, co-accused Raja Chaudhary and Sujay Chaudhary
                   assaulted the informant on his head and co-accused Sujay
                   Chaudhary and Navin Chaudhary assaulted his father on his
                   head by means of iron rod and sharp cutting weapon causing
                   injury on his head. Petitioner gave leg and fist slap to the
                   father of the informant.
                                  4. Learned counsel for the petitioner submits that
                   petitioner is innocent and has committed no offence. Specific
                   accusation of assault is against co-accused Raja Chaudhary,
            Patna High Court CR. MISC. No.89687 of 2025(2) dt.15-01-2026
                                                        2/2




                      Sujay Chaudhary and Navin Chaudhary. Petitioner is only
                      assaulted the father of the informant with fists and slaps.
                      Petitioner is a lady, claims clean antecedent.
                                    5. Learned A.P.P. for the State does not dispute the
                      contention made on behalf of the petitioner.
                                   6. Considering the aforesaid facts and circumstances

                      of the case, this anticipatory bail is allowed and it is ordered that

                      let the above named petitioner in the event of her

                      arrest/surrender before the court below within a period of eight

                      weeks from today, be enlarged on bail on furnishing bail-bond

                      of Rs. 10,000/- (ten thousand) with two sureties of the like

                      amount each to the satisfaction of learned J.M., 1st Class,

                      Sitamarhi, in connection with Bathnaha P. S. Case No. 412 of

                      2024, subject to condition as laid down under Section 482(2) of

                      the Bharatiya Nagarik Suraksha Sanhita, 2023.


                                            (Prabhat Kumar Singh, J)

khushbu/-

U      T

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