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Patna High Court

Juli DeviversusThe State of Bihar

Decided
Disposal
BAIL GRANTED

Holding

The High Court allowed anticipatory bail to the petitioner under Section 482(2) of the B.N.S.

Summary

Juli Devi, wife of Guddu Sahani, applied for anticipatory bail in a case registered under multiple sections of the B.N.S. alleging her involvement in an assault arising from a family dispute. She contended that she has a clean antecedent, is a woman, and that the FIR is vague and she has been falsely implicated. The petitioner also relied on the earlier grant of anticipatory bail to Sunita Devi and Ganit Devi in a similar matter, seeking parity. The State opposed the bail. The Court, after considering the petitioner's clean record, the lack of specificity in the allegations and the principle of parity, exercised its inherent power under Section 482(2) of the B.N.S. and ordered bail on a bond of Rs 10,000 with two sureties. The anticipatory bail was thus granted subject to the usual conditions.

Issues considered

  • Whether anticipatory bail should be granted to the petitioner under the circumstances
  • Whether the allegations in the FIR are specific enough to deny bail
  • Whether parity with earlier granted anticipatory bail warrants granting bail

Legislation cited

  • B.N.S. — s. 109, 115, 118, 190, 191, 3, 303, 351, 352, 74
  • B.N.S.S. — s. 482

Subjects

  • anticipatory bail
  • false implication
  • FIR
  • Section 482
  • gender
  • clean antecedent
  • bail conditions

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.9792 of 2026
                    Arising Out of PS. Case No.-293 Year-2025 Thana- BHAGWANPUR District- Vaishali
                 ======================================================
                 Juli Devi, Wife of Guddu Sahani Resident of Village- Raghunathpur, Imadpur,
                 P.S.- Bhagwanpur, District- Vaishali (Bihar)

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

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Mr.Ashok Kumar Sinha
                 For the Opposite Party/s :       Mr.Md. Fahimuddin
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   30-03-2026                  1. Heard learned counsel for the petitioner and

                   learned APP for the State.

                                2. The petitioner seeks bail in anticipation of her

                   arrest in a case registered for the offences punishable under

                   Sections 191(2), 191(3), 190, 118(2), 352, 351(2), 109,

                   115(2), 303(2), 118(1), 74 and 3(5), of the B.N.S.

                                3. The learned counsel for the petitioner submits

                   that the petitioner is a person with clean antecedent and is a

                   woman and in sum and substance, the allegation in the FIR

                   is that on account of dispute amongst the children, the

                   accused persons being seven in numbers including the

                   present petitioner engaged themselves in abuse and assault

                   causing injury.
Patna High Court CR. MISC. No.9792 of 2026(2) dt.30-03-2026
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                       4. The learned counsel for the petitioner submits

          that petitioner has been falsely implicated in the instant case

          by the informant. It is next submitted that from perusal of

          the allegation as alleged in the FIR, it would manifest that

          allegation of abuse and assault against the petitioner is not

          specific. It is also submitted that Sunita Devi and Ganit

          Devi @ Ganita Devi had approached this Court seeking

          anticipatory bail by filing Cr. Misc. No.7457 of 2026 and

          the same came to be allowed by an order dated 04.02.2026

          by a learned Coordinate Bench, thus seeks anticipatory bail

          based on parity.

                       5. Learned A.P.P. opposes the anticipatory bail

          application.

                       6. Considering the submissions made by the

          learned counsel for the petitioner, the petitioner, above-

          named, in the event of her arrest or surrender before the

          learned Court below within a period of six weeks, is

          directed to be released on bail on her furnishing bail-bonds

          in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two

          sureties of the like amount each to the satisfaction of the

          learned Trial Court where the case is pending/successor
               Patna High Court CR. MISC. No.9792 of 2026(2) dt.30-03-2026
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                         Court in connection with Bhagwanpur P. S. Case No.293 of

                         2025, subject to the conditions laid down under Section

                         482(2) of the B.N.S.S.

                                      7. The application stands allowed.


                                                   (Satyavrat Verma, J)
vikash/-

U          T


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