Patna High CourtCR. MISC./30852/2026bail granted

Radhika Devi v. The State Of Bihar

2026-05-06Mr. Justice Ajit Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30852 of 2026 Arising Out of PS. Case No.-34 Year-2026 Thana- MAIRWAN District- Siwan ====================================================== Radhika Devi S/o Hareram Bhagat @ Hareram Kushwaha Resident of Titra Takiya, PS - Mairwa, District - Siwan.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Yashraj Bardhan, Adv.

For the Opposite Party/s :

Mr.Jagdhar Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 06-05-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in connection with Mairwa P.S. Case No. 34 of 2026 dated 01.02.2026 registered for the offence punishable under Section/s 126(2), 115(2), 118, 109, 74, 303(2), 352, 351(2), 3(5) of the B.N.S.

3. The prosecution case, in brief, is that on 28.01.2026, a dispute arose between neighbours at Titra Takiya, during which Prince Kushwaha allegedly assaulted the informant, Kiran Devi, with a hockey stick, causing head injuries. It is further alleged that Radhika Devi and other accused persons joined the assault and attacked the informant's family members when they intervened. The petitioner is also alleged to have snatched the gold nose-pin of the informant's daughter.

Patna High Court CR. MISC. No.30852 of 2026(2) dt.06-05-2026 2/3

4. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is further submitted that the specific allegation of overt act is against the co-accused, Prince Kushwaha, who is alleged to have caused injuries to the informant and her family members, whereas no specific allegation of overt act has been made against the petitioner. Lastly, it is submitted that the petitioner is a person of clean antecedents.

5. Learned APP for the State opposes the prayer for grant of anticipatory bail.

6. Having heard learned counsel for the parties and taking into consideration the fact that the injuries sustained by the informant and her family members were not caused by the petitioner, and that the petitioner has no criminal antecedent, let the petitioner, named above, be released on anticipatory bail in the event of her arrest or surrender before the court below within a period of four weeks from today on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of learned Additional Sessions Judge -IX, Siwan in connection with Mairwa P.S. Case No. 34 of 2026, subject to the condition as laid down under Section 482(2) of the B.N.S.S. as well as the following conditions:

Patna High Court CR. MISC. No.30852 of 2026(2) dt.06-05-2026 3/3 (i) One of the bailors should be the family member/relative/known of the petitioner(s) who shall provide official document / personal affidavit to show his/her bona fide; (ii) the petitioner(s) 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(s) shall in no way try to induce or 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.

(Ajit Kumar, J) rishi/- U T