Patna High Court
Malti Devi @ Malti SinhaversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- ANIL KUMAR SINHA
Holding
The Court granted anticipatory bail to the petitioners.
Summary
The petitioners, three women from Arwal, were implicated in a police case alleging assault with iron rods and theft of a gold mangalsutra, invoking several sections of the Bhartiya Nyaya Sanhita. They contended that the allegations were fabricated due to a business rivalry involving their husbands and that no direct assault charge was made against them. The State opposed the anticipatory bail, while the petitioners' counsel highlighted the lack of substantive evidence and the petitioners' gender. The Court, after considering the submissions, noted the absence of a specific assault allegation against the women and the possibility of false implication. Consequently, the Court granted anticipatory bail, directing that they be released on bail if arrested within four weeks, subject to conditions under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.
Issues considered
- Whether anticipatory bail should be granted to the petitioners under the Bhartiya Nyaya Sanhita and Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 despite the alleged offences.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 482(2)
- Bhartiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 190, 191(2), 303, 74
Subjects
- anticipatory bail
- assault
- theft
- false implication
- business rivalry
- women accused
- Section 482
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9410 of 2026
Arising Out of PS. Case No.-431 Year-2025 Thana- Arwal District- Arwal
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1. Malti Devi @ Malti Sinha W/O Lalit Kumar @ Lalan @ Lalit Yadav R/O
Village- Neyaz Hussain Bigha, P.S- Arwal, Distt.- Arwal, Pin- 804401
2. Rekha Kumari @ Shobha Kumari @ Rekha Kumar W/O Shami Prakash @
Sunny Kumar R/O Village- Neyaz Hussain Bigha, P.S- Arwal, Distt.- Arwal,
Pin- 804401
3. Anju Devi @ Khusboo Kumari W/O Suraj Prakash @ Suraj Kumar R/O
Village- Neyaz Hussain Bigha, P.S- Arwal, Distt.- Arwal, Pin- 804401
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Binay Kumar Singh
For the Opposite Party/s : Mr. Madhuri Lata
======================================================
CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 12-03-2026 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 Arwal Police Station Case No. 431 of 2025, dated
29.11.2025, disclosing offences under Sections
191(2)/190/126(2)/115(2)/74/117(2)/109/303 of the
Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report,
is that on 29.11.2025 in the wee hour, the petitioners,
along with other accused persons, arrived at the
informant’s brickkiln, abused her family members and
Patna High Court CR. MISC. No.9410 of 2026(2) dt.12-03-2026
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assaulted them by means of iron rod and khanti. It has
further been alleged that the petitioners allegedly
snatched gold mangalsutra of the informant worth Rs.
75,000/-.
4. Learned counsel for the petitioners submits that the
petitioners are ladies and have falsely been implicated in
the present case due to business rivalry with their
husbands, who are also made accused in the present First
Information Report. He next submits that allegations
against the petitioners are ornamental in nature and there
is no allegation of assault against the petitioners. He
further submits that husband of the informant is notorious
criminal having six cases lodged against him and used to
disturb the hume pipe business of husband of the
petitioner no. 1.
5. Regards being had to the submissions made on behalf of
the parties and taking into consideration the fact that the
petitioners are ladies, case and counter is there and
allegation of assault is not there against the petitioners, I
am inclined to grant the petitioners privilege of
anticipatory bail.
6. This application is, accordingly, allowed.
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7. Let the petitioners, 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, Arwal, in connection with Arwal
Police Station Case No. 431 of 2025, subject to the
condition laid down under Section 482 (2) of the Bhartiya
Nagrik Suraksha Sanhita, 2023.
(Anil Kumar Sinha, J)
ashwani/-
U T
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