Patna High Court
Sunita DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- AJIT KUMAR
Holding
The Court granted anticipatory bail to the petitioner subject to the stipulated bond and conditions.
Summary
The petitioner, Sunita Devi, sought anticipatory bail fearing arrest in a case (Nauhatta P.S. Case No. 164 of 2025) involving alleged offences under sections 126(2), 115(2), 117(2), 109(1), 352 and 3(5) of the B.N.S.S. The prosecution alleged that the petitioner, along with others, assaulted the informant's daughters with bricks, causing head injuries. The petitioner argued that the dispute was a land matter, her husband was already in custody and on bail, and she had no criminal antecedent or specific allegation of an overt act. The State opposed the bail. The Court, noting the lack of specific overt act against a woman of clean antecedent, granted anticipatory bail subject to a bond of Rs.10,000 and two sureties, and conditioned it on Section 482(2) of the B.N.S.S.
Issues considered
- Whether anticipatory bail should be granted to the petitioner given the nature of the allegations and her clean antecedent
Legislation cited
- B.N.S.S. — s. 109(1), 115(2), 117(2), 126(2), 3(5), 352, 482(2)
Subjects
- anticipatory bail
- criminal procedure
- section 482
- clean antecedent
- land dispute
- bail bond
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90263 of 2025
Arising Out of PS. Case No.-164 Year-2025 Thana- NAUHATTA District- Rohtas
======================================================
Sunita Devi W/o Nagdev Prasad @ Nagdev Kumar Resident of village -
Daranagar, Police Station- Nauhatta, District- Rohtas.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Rakesh Kumar Mishra, Adv.
For the Opposite Party/s : Mr.Ahmad Ali, APP
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 15-01-2026 Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the State.
2. The petitioner is apprehending her arrest in connection
with Nauhatta P.S. Case No. 164 of 2025, dated 27.06.2025,
registered for the offence punishable under Section/s 126(2),
115(2), 117(2), 109(1), 352, 3(5) of the B.N.S.S.
3. As per the prosecution case, the accused persons
including the petitioner assaulted the daughters of the Informant
by means of bricks due to which they sustained head injuries.
4. Learned counsel for the petitioner submits that for an
allegation of land dispute between the informant and the
petitioner, the husband of the petitioner has already been taken
into judicial custody and has also been granted regular bail,
while there is no specific allegation of any overt act against the
Patna High Court CR. MISC. No.90263 of 2025(2) dt.15-01-2026
2/2
present petitioner, who is a lady bearing no criminal antecedent.
5. Learned APP for the State opposes the prayer for grant
of anticipatory bail.
6. Regard being had to the submission made by the
parties and taking into account the fact that there is no specific
allegation of any overt act against the petitioner who is a lady of
clean antecedent, this Court is inclined to grant anticipatory bail
to the petitioner.
7. Considering the aforesaid facts and circumstances of
the case, let the petitioner, above named, be released on
anticipatory bail in the event of her arrest or surrender before the
court below within a period of four weeks from today on
furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with
two sureties of the like amount each to the satisfaction of
learned Judicial Magistrate, 1st Class, Dehri-on-Sone, Rohtas in
connection with Nauhatta P.S. Case No. 164 of 2025, subject to
the condition as laid down under Section 482(2) of the B.N.S.S.
(Ajit Kumar, J)
rishi/-
U T
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