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Patna High CourtCR. MISC./29702/2026bail granted

Umarawati Devi v. The State Of Bihar

2026-05-06Mr. Justice Ramesh Chand Malviya3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29702 of 2026 Arising Out of PS. Case No.-358 Year-2025 Thana- PIPRAKOTHI District- East Champaran ====================================================== Umarawati Devi, Female aged about 31 years, Wife of Aklu Sahani, Resident of Village- Watganj Bela, P.S- Pipra Kothi, District- East Champaran. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Priyanka Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA ORAL ORDER 06-05-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in connection with Piprakothi P.S. Case No. 358 of 2025 instituted for the offences punishable under Sections 126(2), 115(2), 118(1), 109, 74, 352, 351(3), 3(5) of the BNS.

3. Allegation against the petitioner and other coaccused persons is to have assaulted by means of axe as a result of which she sustained injuries on the head as well as back and ribs.

4. Learned counsel for the petitioner submits that petitioner is innocent has committed no offence and has falsely been implicated in this case. He submits that the petitioner along with other co-accused persons assaulted the informant with an axe with an intention to kill her due to which she sustained

Patna High Court CR. MISC. No.29702 of 2026(2) dt.06-05-2026 2/3 injuries. He further submits that the allegation against her is general and omnibus in nature and there is no repeated blow against her. He next submits that there are no any independent witness to support the prosecution case. He lastly submits that the informant had taken money from the petitioner and she is not returning the money, so to harass the petitioner, this present case has been lodged by the informant. He again submits that the date of occurrence is 12.10.2025 and the FIR has been lodged on 16.10.2025 almost a delay of about four days of the occurrence and there is no any plausible explanation in this regard. He submits that both the parties have compromised before the trial Court as submitted by learned counsel for the petitioner and also stated in para 15 of the petition. Petitioner has got clean antecedent as stated in para 3 of the petition.

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

6. From perusal of the FIR and the impugned order of the learned 20th Additional Sessions Judge, East Champaran, Motihari dated 24.02.2026, it appears that on the basis of written report of the informant Most. Indu Devi, FIR has been registered under Sections 126(2), 115(2), 118(1), 109, 74, 352, 351(3), 3(5) of the BNS against three co-accused persons

Patna High Court CR. MISC. No.29702 of 2026(2) dt.06-05-2026 3/3 including the present petitioner and the allegation is that she assaulted by means of an axe, as a result of which she sustained injuries on the head as well as back and ribs. It also appears that both the parties have amicably settled their dispute in the trial Court as stated by learned counsel for the petitioner and a certified copy of the compromise petition is already on record as Annexure-2 of the bail petition, so considering all these aspects of the case and submission of learned counsel for the petitioner, I am inclined to grant anticipatory bail to the above named petitioner.

7. Accordingly, let the petitioner above named in the event of her arrest or surrender before the trial Court within six weeks from today, be released on anticipatory bail upon furnishing bail bonds of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M.F.C., East Champaran, Motihari in connection with Piprakothi P.S. Case No. 358 of 2025, subject to the conditions laid down in Section 482(2) of the BNSS.

(Ramesh Chand Malviya, J) Anand Kr.

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