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Patna High Court

Kajal Kumari @ Kajal MahtoversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

Holding

The application is partly allowed: anticipatory bail is granted to petitioner 1 unconditionally, while petitioner 2's bail is contingent upon a supported compromise petition.

Summary

Kajal Kumari and Ramayan Mahto applied for anticipatory bail in connection with PS Daraunda Case No. 224 of 2025, which alleged offences under several sections of the B.N.S. The petitioners claimed innocence and alleged false implication, with petitioner 1 being a woman facing general allegations. The State opposed the bail. The Patna High Court, considering the gender aspect and the nature of allegations, granted anticipatory bail to petitioner 1 subject to a Rs.10,000 bond and two sureties under Section 438(2) CrPC and Section 482 B.N.S. For petitioner 2, bail was conditioned on the filing and support of a compromise petition by the informant; if supported, bail on similar terms would be granted, otherwise not. The application was therefore partly allowed.

Issues considered

  • Whether anticipatory bail should be granted to the petitioners under Section 438 CrPC and Section 482 B.N.S. in view of the allegations.
  • Whether gender considerations warrant unconditional bail for petitioner 1.
  • Whether bail to petitioner 2 can be conditioned upon a compromise petition and informant's support.

Legislation cited

Subjects

  • anticipatory bail
  • Section 438 CrPC
  • Section 482 B.N.S.
  • gender considerations
  • compromise petition
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.90980 of 2025
                      Arising Out of PS. Case No.-224 Year-2025 Thana- DARAUNDA District- Siwan
                 ======================================================
           1.     Kajal Kumari @ Kajal Mahto D/o Ramayan Mahto @ Ramayan R/o Village
                  - Bavnaganj Jalalpur, P.S - Daraunda, District - Siwan, Pin- 841233
           2.    Ramayan Mahto @ Ramayan S/o Late Shiv Karan Mahto R/o Village -
                 Bavnaganj Jalalpur, P.S - Daraunda, District - Siwan, Pin- 841233

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :      Mr.Dilip Kumar, Advocate
                 For the Opposite Party/s :      Mr.Nagendra Prasad,APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
                                       ORAL ORDER

2   28-01-2026                        Heard learned counsel for the petitioners and

                   learned APP for the State.

                                   2. The petitioners apprehend their arrest in

                   connection with Daraunda P.S. Case No. 224 of 2025 registered

                   for the offence under Sections 126(2), 115(2), 117(2), 118(1),

                   109, 329(3), 329(4), 351(3), 352, 3(5) of the B.N.S.

                                   3. As per the prosecution case, petitioners and

                   prosecution side are related to each other. Petitioner no. 2 is

                   alleged to have given a tangi blow on the victim causing

                   grievous injury.

                                    4. It has been submitted by the learned counsel for

                   the petitioners that the petitioners are innocent and they have
Patna High Court CR. MISC. No.90980 of 2025(2) dt.28-01-2026
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          falsely been implicated in this case. It is next submitted that

          petitioner no. 1 is a woman and there is general and omnibus

          allegation against her. Petitioners have clean antecedent.

                           5. Learned A.P.P. for the State opposes the prayer

          for anticipatory bail of the petitioners.

                           6. Considering the submissions advanced on

          behalf of the parties and the fact that petitioner no. 1 is a woman

          there is general and omnibus allegations against her, this

          application is allowed with respect to petitioner no. 1 only.

                       7. Let the petitioner no. 1, 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 Additional

          Chief Judicial Magistrate 6th, Siwan/ concerned Court below in

          connection with Daraunda P.S. Case No. 224 of 2025, subject to

          the conditions laid down in Section 438(2) of the Code of

          Criminal Procedure, 1973 / Section 482 of the BNSS.

                           8. So far as petitioner no. 2 is concerned, it has

          further been submitted by learned counsel that parties have

          settled their dispute and filed a compromise petition in the court

          below.
              Patna High Court CR. MISC. No.90980 of 2025(2) dt.28-01-2026
                                                          3/3




                                         9. The prayer for anticipatory bail of petitioner no.

                        2 is disposed of with direction to the petitioner no. 2 to approach

                        the court below. If the informant supports the compromise

                        petition in the court below then the petitioner no. 2 shall 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 Additional Chief Judicial Magistrate

                        6th, Siwan/ concerned Court below in connection with Daraunda

                        P.S. Case No. 224 of 2025, subject to the conditions laid down

                        in Section 438(2) of the Code of Criminal Procedure, 1973 /

                        Section 482 of the BNSS.

                                         10. If the informant does not support the

                        compromise petition, then the bail bond of petitioner no. 2 shall

                        not be accepted.

                                     11. This application stands partly allowed.



                                                   (Sandeep Kumar, J)
tusharika/-

U       T


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