Rekha Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

Rekha Devi Vs The State of Bihar — Anticipatory Bail | Patna HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to both petitioners: on arrest or surrender before the Court below within four weeks, release on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Munger, in connection with Tarapur Police Station Case No. 74 of 2025, subject to the condition laid down under Section 482 (2) of the B.N.S.S.

Issue for consideration

Whether anticipatory bail should be granted to the petitioners (Deepak Kumar @ Deepak Mandal and Rekha Devi) in connection with Tarapur Police Station Case No. 74 of 2025.

Court's answer

Taking into consideration that both the parties are agnates having previous enmity, that the injuries sustained by the victims are simple in nature, and that there is a case and counter case, the court was inclined to grant the petitioners the privilege of anticipatory bail.

Ratio / Principle

The anticipatory bail application is, accordingly, allowed.

Key takeaways

In the event of arrest or surrender before the Court below within four weeks, the petitioners are to be released on bail on furnishing a bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each, to the satisfaction of the learned Chief Judicial Magistrate, Munger, in connection with Tarapur Police Station Case No. 74 of 2025, subject to the condition laid down under Section 482 (2) of the B.N.S.S.ratio¶¶35

Detailed headnote1 paragraphs

Anticipatory bail granted — Patna High Court (Anil Kumar Sinha, J), 03-12-2025 — Criminal Miscellaneous Nos. 74486 and 74570 of 2025 (Deepak Kumar @ Deepak Mandal and Rekha Devi) arising out of Tarapur Police Station Case No. 74 of 2025, dated 23.08.2025, District Munger, disclosing offences punishable under Sections 126(2), 190, 191(2), 117(2), 109(1), 76, 351(2)(3) and 352 of the Bhartiya Nyaya Sanhita. FIR alleges that on 29.03.2025 at about 09:10 p.m. the petitioners abused the informant and, upon protest, assaulted her and outraged her modesty. Grant rested on: parties being agnates with previous enmity; victims' injuries being simple in nature (counsel asserting the impugned order's grievous-injury finding was an error of record per injury report at Annexure P/3 series); and existence of case and counter case (petitioner Rekha Devi's earlier FIR, Tarapur P.S. Case No. 71 of 2025, prior in time, at Annexure P/2 series). Petitioners to be released on arrest or surrender within four weeks on bail bond of Rs. 10,000/- each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Munger, subject to the condition under Section 482 (2) of the B.N.S.S.

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.74486 of 2025

Arising Out of PS. Case No.-74 Year-2025 Thana- TARAPUR District- Munger

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

Deepak Kumar @ Deepak Mandal S/o Sanjay Mandal R/o Village - Auranga, P.S - Tarapur, District - Munger

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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

with

CRIMINAL MISCELLANEOUS No. 74570 of 2025

Arising Out of PS. Case No.-74 Year-2025 Thana- TARAPUR District- Munger

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

Rekha Devi W/o Sanjay Mandal R/o Village - Auranga, P.S - Tarapur, District - Munger

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

====================================================== Appearance : (In CRIMINAL MISCELLANEOUS No. 74486 of 2025) For the Petitioner/s : Mr. Amrendra Kumar Jha, Advocate For the Opposite Party/s : Dr. Ajeet Kumar, A.P.P. (In CRIMINAL MISCELLANEOUS No. 74570 of 2025) For the Petitioner/s : Mr. Amrendra Kumar Jha, Advocate For the Opposite Party/s : Dr. Ajeet Kumar, A.P.P. ======================================================

CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA

ORAL ORDER

2 03-12-2025

Since both these anticipatory bail applications arise out

of Tarapur Police Station Case No. 74 of 2025, with the consent of the parties, both these applications are heard together.

2. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

3. These applications, for grant of anticipatory bail, arise out of Tarapur Police Station Case No. 74 of 2025, dated 23.08.2025, disclosing offences punishable under Sections 126(2), 190, 191(2), 117(2), 109(1) 76, 351(2)(3) and 352 of the Bhartiya

Patna High Court CR. MISC. No.74486 of 2025(2) dt.03-12-2025 2/3

Nyaya Sanhita.

4. The prosecution case, as per the First Information Report, is that on 29.03.2025 at about 09:10 p:m, in the evening while the informant was going to attend natures call, the petitioners started abusing and upon protest, they assaulted the informant and outraged her modesty.

5. Learned counsel for the petitioners submits that the allegation against the petitioners are general and omnibus in nature. Victims have sustained simple injury as per injury report annexed at Annexure P/3 series. The findings recorded in the impugned order, regarding grievous injury to the victims is an error of record inasmuch as from the injury report annexed herewith, the victims have sustained simple injury. Both the parties are agnates, having previous dispute and the case and counter case is there and the FIR lodged by the petitioner, namely Rekha Devi bearing Tarapur P.S. Case No. 71 of 2025 against the informant and other accused persons, prior in time to the present FIR which is annexed at Annexure P/2 series

6. Regards being had to the submissions made by parties and taking into consideration the fact that both the parties are agnates having previous enmity, injuries sustained by victims are simple in nature, case and counter case is there, I am inclined to grant the petitioners privilege of anticipatory bail.

Patna High Court CR. MISC. No.74486 of 2025(2) dt.03-12-2025 3/3

7. This application is, accordingly, allowed.

8. Let the petitioners, above named, in the event of

their arrest or surrender before the Court below within four weeks, be released 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 Chief Judicial Magistrate, Munger in connection with Tarapur Police Station Case No. 74 of 2025, subject to the condition laid down under Section 482 (2) of the B.N.S.S.

(Anil Kumar Sinha, J)

Siwani/-

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