Patna High Court
Kajal Kumari @ Kajal MahtoversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- SANDEEP KUMAR
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
- B.N.S. — s. 109, 115(2), 117(2), 118(1), 126(2), 329(3), 329(4), 3(5), 351(3), 352
- Code of Criminal Procedure, 1973 — s. 438(2)
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
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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
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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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