Allowed¶21

Mina Devi v. the State of Bihar

Patna HC2 Dec 2025CR. APP (SJ)/239/2024

Case brief

AI extract

What is this about?

Patna High Court; CR. APP (SJ) No. 239 of 2024; decided 02-12-2025; Sandeep Kumar, J. Anticipatory bail allowed to Mina Devi and Sayanki Kumari in Ekma PS Case 423 of 2023 (Saran; IPC 341/324/323/504/506/34; SC/ST Act 3(1)(r), 3(i)(s), 3(i)(w), 3(2)(va)) after parties settled their neighbour dispute over balcony (Chhajja); rejection order of Exclusive Special Judge, SC/ST, Saran at Chapra dated 01.12.2023 set aside; bail bonds Rs. 10,000 each with two sureties; conditions under S.438(2) CrPC / 482(2) BNSS.

What did the court decide?

Anticipatory bail granted to both appellants upon arrest or surrender within four weeks, on bail bonds of Rs. 10,000/- each with two sureties of the like amount each, subject to Section 438(2) CrPC/482(2) BNSS conditions; impugned order dated 01.12.2023 set aside. ¶21

Mina Devi Vs the State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appeal against rejection of the appellants' prayer for anticipatory bail should be allowed and anticipatory bail granted to the appellants.

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Court's answer

Considering the submissions of the appellants' counsel, the fact that the occurrence arose out of a dispute between neighbours, and that the dispute has been settled between the parties, the Court was inclined to grant anticipatory bail to the appellants.

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Ratio / Principle

The appeal is allowed and the impugned order dated 01.12.2023 rejecting anticipatory bail is set aside.

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Key takeaways

In the event of their arrest or surrender within four weeks, the appellants are to be released on bail on furnishing bail bonds of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Exclusive Special Judge, S.C./S.T., Saran at Chapra/concerned Court, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail granted — neighbour dispute (over balcony/Chhajja) settled between parties. Patna High Court (Sandeep Kumar, J) allowed Criminal Appeal (SJ) No. 239 of 2024 against the order dated 01.12.2023 of the learned Exclusive Special Judge, S.C./S.T., Saran at Chapra rejecting the appellants' (Mina Devi and Sayanki Kumari) prayer for anticipatory bail in Ekma P.S. Case No. 423 of 2023 registered under sections 341, 324, 323, 504, 506, 34 IPC and sections 3(1)(r), 3(i)(s), 3(i)(w), 3(2)(va) of the S.C./S.T. Act. Holding that the occurrence arose from a dispute between neighbours which had since been settled, the Court set aside the impugned order and directed release on bail, in the event of arrest or surrender within four weeks, on bail bonds of Rs. 10,000/- each with two sureties of the like amount each, subject to the conditions under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL APPEAL (SJ) No.239 of 2024

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Arising Out of PS. Case No.-423 Year-2023 Thana- EKMA District- Saran

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======================================================

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Mina Devi Wife Of Virendra Rai @ Virendra Singh Resident Of Village - Hariharpur, P.S. - Ekma, District - Saran

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Sayanki Kumari Daughter Of Virendra Rai @ Virendra Singh Resident Of Village - Hariharpur, P.S. - Ekma, District - Saran

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... ... Appellant/s

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Versus

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The State Of Bihar

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Rinku Kumari Daughter Of Kedar Gorh Resident Of Village - Hariharpur, P.S. - Ekma, District - Saran

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... ... Respondent/s

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====================================================== Appearance : For the Appellant/s : Mr.Anjani Parashar, Advocate For the State : Mr.Usha Kumari 1, Spl. PP For the Informant : Mr. Ashutosh Tripathi, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

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3 02-12-2025

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Heard learned counsel for the appellants, learned Special Public Prosecutor for the State and learned counsel for the informant / respondent no. 2.

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This appeal is preferred against the order dated 01.12.2023 passed by the learned Exclusive Special Judge, S.C./S.T., Saran at Chapra, in connection with Ekma P.S. Case No. 423 of 2023 registered for the offence under sections 341, 324, 323, 504, 506, 34 of the Indian Penal Code and sections 3(1)(r), 3(i)(s), 3(i)(w) and 3(2)(va) of the S.C./S.T. Act, by which the prayer of the appellants for grant of anticipatory bail has been rejected.

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Patna High Court CR. APP (SJ) No.239 of 2024(3) dt.02-12-2025 2/3

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The allegation against the appellants is that the appellants and one another accused person had abused the informant and assaulted her with lathi, danda and fists.

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Learned counsel for the appellants submits that the appellants and the family of the informant are neighbours and they have a estranged relationship owing to dispute over balcony (Chhajja). Further, it is submitted that the parties have settled their disputes.

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Learned Special Public Prosecutor for the State and learned counsel for the informant opposed the prayer of the appellants for grant of bail.

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For a dispute between neighours, the occurrence has taken place. Now, the parties have settled their disputes and do not want to proceed any further.

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Having considered the submissions of learned counsel for the appellants, the fact that there is a dispute between neighbours and according to the learned counsel, the same has been settled between the parties, this Court is inclined to grant anticipatory bail to the appellants.

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Accordingly, this appeal is allowed and the impugned order dated 01.12.2023 is hereby set aside.

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Let the appellants, in the event of their arrest or

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Patna High Court CR. APP (SJ) No.239 of 2024(3) dt.02-12-2025 3/3

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surrender within four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/-(Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Exclusive Special Judge, S.C./S.T., Saran at Chapra/ concerned Court, in connection with Ekma P.S. Case No. 423 of 2023, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure/482(2) of the BNSS.

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(Sandeep Kumar, J)

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P. Kumar

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U T

Mina Devi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Mina Devi v. the State of Bihar

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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