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Patna High Court

Imriti Devi @ Amriti DeviversusThe State of Bihar

Decided
Disposal
PARTLY ALLOWED (DISPOSAL)

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

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
                 ======================================================
           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
                                            2/4




                  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.
Patna High Court CR. MISC. No.9226 of 2026(3) dt.06-05-2026
                                            3/4




              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
            Patna High Court CR. MISC. No.9226 of 2026(3) dt.06-05-2026
                                                        4/4




                              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/-

U      T


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