Patna High Court
Bigna DeviversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
Holding
Anticipatory bail is granted to petitioner no.2 (Juli Kumari) subject to the conditions prescribed under Section 438(2) CrPC and Section 482 BNSS.
Summary
The petitioners, Bigna Devi and Juli Kumari, filed an anticipatory bail application in connection with a criminal case (Chenari P.S. Case No. 118 of 2024) involving alleged offences under Sections 498(A), 302 and 34 of the Indian Penal Code. The petitioner's counsel withdrew the application on behalf of Bigna Devi, and the court dismissed that part of the application. Juli Kumari, claiming innocence and a clean antecedent, sought anticipatory bail, which the State opposed. The court considered the allegations and the petitioner's claim of false implication and allowed anticipatory bail for Juli Kumari, subject to a bail bond of Rs. 10,000 with two sureties and conditions under Section 438(2) of the Code of Criminal Procedure, 1973 and Section 482 of the BNSS. The order directs her release if arrested or surrendered within four weeks, subject to the stipulated conditions.
Issues considered
- Whether anticipatory bail can be granted to petitioner no.2 under Section 438 of the CrPC in a case involving alleged offences under IPC Sections 498(A), 302 and 34.
- Whether the application can be dismissed as withdrawn for petitioner no.1.
Legislation cited
- BNSS — s. 482
- Code of Criminal Procedure, 1973 — s. 438(2)
- Indian Penal Code — s. 302, 34, 498A
Subjects
- anticipatory bail
- withdrawal of application
- IPC 498A
- IPC 302
- Criminal Procedure
- bail conditions
- section 438
- section 482
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.89834 of 2025
Arising Out of PS. Case No.-118 Year-2024 Thana- CHENARI District- Rohtas
======================================================
1. Bigna Devi Wife of Late Ram Awtar Sharma Resident of Village-
Narayanpur, P.S.- Chenari, District- Rohtas
2. Juli Kumari D/o Late Ram Awtar Sharma Resident of Village- Narayanpur,
P.S.- Chenari, District- Rohtas
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Raghunandan Kumar Singh, Advocate
For the Opposite Party/s : Mr.Navin Kumar Pandey, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 04-02-2026 Heard learned counsel for the petitioners and learned
A.P.P. for the State.
2. After some arguments, learned counsel for the
petitioner seeks permission to withdraw the application on
behalf of petitioner no. 1 only.
3. Permission is accorded.
4. Accordingly, the present application is dismissed as
withdrawn on behalf of petitioner no. 1.
5. The petitioner no. 2 apprehends her arrest in
connection with Chenari P.S. Case No. 118 of 2024 registered
for the offence under Sections 498(A)/ 302/ 34 of the Indian
Penal Code.
Patna High Court CR. MISC. No.89834 of 2025(2) dt.04-02-2026
2/2
6. As per the prosecution case, petitioners are
accused of killing the deceased.
7. It has been submitted by the learned counsel for
the petitioners that the petitioner no. 2 is innocent and she has
falsely been implicated in this case. It is next submitted that
general and omnibus allegation against her. Petitioner no. 2 has
clean antecedent.
8. Learned A.P.P. for the State opposes the prayer
for anticipatory bail of the petitioner no. 2.
9. Considering the aforesaid facts, this application
is allowed on behalf of petitioner no. 2 only.
10. 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
A.C.J.M., Rohtas/ concerned Court below in connection with
Chenari P.S. Case No. 118 of 2024, 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)
tusharika/-
U T
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