Patna High Court
Imriti Devi @ Amriti DeviversusThe State of Bihar
- Decided
- Disposal
- PARTLY ALLOWED (DISPOSAL)
- Bench
- ANIL KUMAR SINHA
Holding
Anticipatory bail is granted to petitioners 1 and 2 but denied to petitioner 3 due to the specific serious injury allegation.
Summary
The petitioners sought anticipatory bail in a domestic‑violence case where the informant alleged cruelty and assault by her husband and in‑laws. Petitioners 1 (mother‑in‑law) and 2 (brother‑in‑law) claimed the allegations against them were vague and that they were falsely implicated, while petitioner 3 faced a specific charge of inserting his finger into the informant’s eye causing serious injury. The court examined the nature of the allegations and the seriousness of the injury alleged against petitioner 3. It granted anticipatory bail to petitioners 1 and 2, imposing a bail bond of Rs 10,000 with two sureties, subject to Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita. The court denied anticipatory bail to petitioner 3, finding the specific injury allegation sufficient to justify denial.
Issues considered
- Whether anticipatory bail should be granted to petitioners 1 and 2 despite general allegations of cruelty and assault.
- Whether the specific allegation of grievous injury against petitioner 3 precludes the grant of anticipatory bail.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 126(2), 3(5), 85
Subjects
- anticipatory bail
- domestic violence
- assault
- Section 482
- Bhartiya Nyaya Sanhita
- Bhartiya Nagrik Suraksha Sanhita
- bail jurisprudence
- family dispute
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9226 of 2026
Arising Out of PS. Case No.-342 Year-2025 Thana- DARBHANGA SADAR District-
Darbhanga
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1. Imriti Devi @ Amriti Devi W/O Garib Lal Yadav Resident of Village- Naya
Tole Badhiya, P.S.- Sadar, Dist- Darbhanga
2. Amod Kumar @ Amod Yadav Son of Garib Lal Yadav Resident of Village-
Naya Tole Badhiya, P.S.- Sadar, Dist- Darbhanga
3. Raja Harishchandra @ Raja Harishchander Yadav @ Raja Harishchander
Son of Garib Lal Yadav Resident of village- Naya Tole Badhiya, P.S.- Sadar,
District-Darbhanga.
... ... Petitioner/s
Versus
1. The State of Bihar
2. Kavita Kumari W/O Pramod Yadav Resident of Village- Naya Tole Badhiya,
P.S.- Sadar, Dist- Darbhanga
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Saurav Anand
For the Opposite Party/s : Mr. Parmanand Kumar
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
3 06-05-2026 1. Heard learned counsel for the petitioners and learned
Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out
of Sadar Police Station Case No. 342 of 2025, dated
01.11.2025, disclosing offences under Sections
126(2)/115(2)/109/85/3(5) of the Bhartiya Nyaya Sanhita.
3. That the prosecution case, in brief, is that the marriage of
informant was solemnized with co-accused Pramod
Yadav. After some time of the marriage, the informant
Patna High Court CR. MISC. No.9226 of 2026(3) dt.06-05-2026
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was continuously subjected to cruelty and assault by her
husband and in-laws. It has been alleged that on
28.10.2025, on demand of household expenses, her
husband abused and assaulted her with fists and slaps.
Thereafter, the petitioners dragged her inside the house
and brutally assaulted her. It has further been alleged that
the petitioner no. 3 inserted his finger into her eye causing
bleeding injuries, while petitioner no. 1 instigated the
accused persons to kill her.
4. Learned counsel for the petitioners submits that the
petitioner no. 1 is mother-in-law and petitioner nos. 2 and
3 are brother-in-law of the opposite party no. 2
(informant). He next submits that the petitioners have not
committed any offence in the manner alleged and they
have falsely been implicated in the present case. The
allegation against the petitioners are general and omnibus
in nature. The entire family members have been
implicated in the present case due to feud between the
informant and her husband. He further submits injury
caused to the victim/informant is simple in nature.
5. Despite service of notice, no one appeared on behalf of
the opposite party no. 2.
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6. Having regard to the submissions made on behalf of the
parties and taking into consideration the nature of
allegation and the fact that allegations against the
petitioner nos. 1 and 2, who are mother-in-law and
brother-in-law, are general and omnibus in nature, I am
inclined to grant the petitioner nos. 1 and 2 privilege of
anticipatory bail.
7. This application with respect to petitioner nos. 1 and 2 is,
accordingly, allowed.
8. Let the petitioner nos. 1 and 2, above named, in the event
of their arrest or surrender before the Court below within
four weeks, be released on bail on furnishing bail bond of
Rs. 10,000/- (Ten Thousand) each with two sureties of the
like amount each to the satisfaction of learned Chief
Judicial Magistrate, Darbhanga, in connection with Sadar
Police Station Case No. 342 of 2025, subject to the
condition laid down under Section 482 (2) of the Bhartiya
Nagrik Suraksha Sanhita, 2023.
9. Insofar as petitioner no. 3 is concerned, from perusal of
impugned order, it appear that there is specific allegation
against the petitioner no. 3 that he inserted his finger in
informant’s eye causing injury and the doctor has found
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swelling, discoloration and bleeding on her left eye which
is a vital part of the body, accordingly, I am not inclined
to grant anticipatory bail to the petitioner no. 3.
10.This application with respect to petitioner no. 3 is,
accordingly, dismissed.
(Anil Kumar Sinha, J)
ashwani/-
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