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Patna High CourtCR. MISC./7918/2026bail granted

Bhawani Devi @ Bhagwan Dai v. The State Of Bihar

2026-04-01Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.7918 of 2026 Arising Out of PS. Case No.-302 Year-2025 Thana- MADHUBANI TOWN DistrictMadhubani ====================================================== Bhawani Devi @ Bhagwan Dai Wife of Late Surendra Jha R/o - Ram Janki Colony, Ward No.4, Magrauni Road, P.S - Madhubani Town, District - Madhubani P/A- Resident of village- Belauza, Ps- Patuna, Dist- Madhubani ... ... Petitioner/s

Versus

1.

The State of Bihar 2.

Jyoti Jha Wife of Girjanand Jha R/o - Ram Janki Colony, Ward No.4, Magrauni Road, P.S - Madhubani Town, near vivekanand school, District - Madhubani ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sanjay Kumar Jha, Advocate For the Opposite Party/s :

Mr. Pushpa Sinha, APP For the Informant :

Mr. Shailendra Kumar Jha, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 01-04-2026 Heard the parties.

2. The petitioner is apprehending her arrest in connection with Madhubani Town P.S. Case No. 302 of 2025 for the offence under sections 115(2), 126(2), 109(1), 352 and 3(5) of the BNS lodged on 15.07.2025 by the informant, Jyoti Jha.

3. As per the prosecution story, the daughter-in-law, informant alleged that on the fateful day, the family members including this petitioner entered her room and after abuse, the assault. Allegation against this petitioner if of assaulting on the head causing injury. This led to the FIR.

4. Earlier, the Coordinate Bench had called for the

2/4 case diary and the same has been received.

5. Learned counsel for the petitioner submits that a minor family dispute has been given a different colour. The injury has been found to be simple in nature, she is an old lady, mother-in-law, will take utmost care of the informant-daughterin-law and the last submission is that without accepting the allegation and/or the outcome of the present petition in view of the fact that the informant's side has alleged injuries, the petitioner on its own would like to contribute Rs. 10,000/- towards the medical assistance through Demand Draft issued by the local State Bank of India/any Nationalized Bank branch to be submitted before the 'NAZARAT' of concerned Court to be handed over to the informant after checking the credentials.

6. Learned counsel for the informant though opposes the prayer submits that despite all the difficulty, she would like to continue with the family.

7. Taking into account the submissions of the parties as also the age of the lady as also the injury has been found to be simple in nature, in that background, this Court is inclined to extend her the privilege of anticipatory bail with conditions subject to payment of Rs. 10,000/- as undertaken by the learned counsel for the petitioner to be paid by Demand Draft of local

3/4 State Bank of India branch/any Nationalized bank branch to be submitted to the Trial Court and to be handed over to the informant.

8. Let the petitioner be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Madhubani in connection with Madhubani Town P.S. Case No. 302 of 2025 subject to the following conditions:

(i) one of the bailor should be the family member/relative of the petitioner who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;

(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of her bail bond by the Trial Court itself;

(iii) the petitioner shall be appearing before the Police Station as and when required for cooperating in the investigation;

(iv) the petitioner shall in no way try to induce or

4/4 promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of her bail bonds. (Rajiv Roy, J) Adnan/- U T