Sarita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.19941 of 2026 Arising Out of PS. Case No.-1 Year-2026 Thana- Vasudeva District- Buxar ====================================================== 1.
Sarita Devi wife of Late Bhikhar Mahto Resident of village and PO- Rampur PS -Basudeva District- Buxar 2.
Aarti Kumari Wife of Brajesh Kumar Resident of village and PO- Rampur PS -Basudeva District- Buxar ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Arvind Kumar Pradhan, Advocate For the State :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-04-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 74, 76, 352, 351(2), 351(3) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that on 01.01.2026, co-accused Brajesh Kumar caught the informant and tried to commit rape. When her father came to rescue, coaccused Brajesh Kumar abused and assaulted father of informant. It is further alleged that thereafter, family members of co-accused Brajesh Kumar, including these petitioners, came, abused and assaulted mother and father of informant and
Patna High Court CR. MISC. No.19941 of 2026(2) dt.08-04-2026 2/3 threatened them.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. From bare perusal of the F.I.R. it is apparent that specific accusation of attempting to commit rape upon informant is against co-accused Brajesh Kumar. Petitioners have falsely been implicated in this case merely because Petitioner No. 1 happens to be mother and Petitioner No. 2 happens to be wife of co-accused Brajesh Kumar. There is general and omnibus allegation of abusing and assaulting parents of informant against these petitioners and no specific accusation of any overt act has been alleged against them. Petitioners are ladies and claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named
Patna High Court CR. MISC. No.19941 of 2026(2) dt.08-04-2026 3/3 petitioners be enlarged 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 C.J.M., Buxar in connection with Basudeva P.S. Case No. 01 of 2026, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T