Bebi Devi vs. State of Bihar

SLP(CRL.) NO.11756 OF 2026 1 IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO………………… OF 2026 (@SLP(CRL.) NO.11756 OF 2026) BEBI DEVI ...APPELLANT VERSUS STATE OF BIHAR & ANR. ...RESPONDENTS O R D E R 1. Leave granted. 2. The present appeal arises out of the order dated 25th November 2024 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No. 76360 of 2024, whereby the High Court granted anticipatory bail to respondent no.2 -accused. The appellant, who is the complainant, is before us seeking cancellation of the anticipatory bail granted to respondent no.2. 3. On the night of 23rd October 2023, while the appellant - complainant was returning home from a village fair, respondent no.2-accused is alleged to have obstructed her path and subjected her to verbal, physical and sexual assault. He is further alleged to have threatened her with a pistol and attempted to take her towards an isolated lane. The appellant managed to escape and proceeded towards her residence. However, thereafter, respondent no.2, along SLP(CRL.) NO.11756 OF 2026 2 with the other accused persons, is alleged to have forcibly entered the appellant's house, where they assaulted and molested her and tore her clothes. In the course of the incident, respondent no.2 is alleged to have fired a pistol, as a result of which the appellant sustained a firearm injury on the left side of her pelvis. The appellant became unconscious and was immediately taken to the Primary Health Centre, Raghopur. 4. The appellant was thereafter referred to the Patna Medical College and Hospital (PMCH), where she remained under treatment and observation from 24th October 2023 to 28th October 2023. Her fardbeyan was recorded at PMCH on 28th October 2023, and she was discharged from the hospital on the same day. 5. On the basis of the said fardbeyan, FIR No. 165 of 2023 came to be registered on 4th November 2023 at Police Station Jurawanpur , Vaishali, under Sections 341, 323, 354, 379, 307, 506 and 34 of the Indian Penal Code, 1860 and Section 27 of the Arms Act, 1959. 6. A charge -sheet came to be filed on 28th July 2024. The charge-sheet records that the allegations against the accused persons were found to be proved, while further investigation was stated to be continuing in respect of respondent no.2. SLP(CRL.) NO.11756 OF 2026 3 7. Respondent no.2 sought anticipatory bail before the High Court, inter alia, on the ground that he was innocent and had been falsely implicated. It was contended that there was an inordinate delay of eleven days in registration of the FIR, which cast doubt on the prosecution case. It was also contended that the appellant had sustained only a single injury, which was simple in nature, and that the medical report did not corroborate the allegations made in the FIR. 8. The High Court, upon consideration of the facts and circumstances of the case, vide the impugned order dated 25th November 2024, granted anticipatory bail to respondent no.2. 9. We have heard learned counsel appearing for the appellant as well as learned counsel appearing for the respondent no.1-State and respondent no.2 and have perused the material placed on record. 10. Having considered the matter, we are of the view that the allegations against respondent no.2 are of a serious nature. The appellant has specifically named respondent no.2 in her fardbeyan, and the allegations attribute a specific and active role to him in the incident. The prosecution case is also not based merely on the statement of the appellant, but is stated to be supported by the statements of other witnesses and the material collected during investigation. SLP(CRL.) NO.11756 OF 2026 4 11. The submission regarding delay in registration of the FIR also does not, in the facts of the present case, persuade us. The incident is alleged to have taken place on 23rd October 2023, following which the appellant was immediately taken to the Primary Health Centre and was thereafter referred to PMCH, where she remained under treatment and observation until 28th October 2023. Her fardbeyan was recorded at PMCH on 28th October 2023 itself. The FIR was thereafter registered on 4th November 2023 on the basis of the said fardbeyan. In these circumstances, the delay in formal registration of the FIR cannot, by itself, be treated as a circumstance casting doubt upon the prosecution case. 12. We have also perused the discharge ticket dated 28th October 2023 issued by PMCH. The medical record records a firearm injury to the pelvis, which lends contemporaneous support to the appellant's allegation of having sustained a firearm injury during the incident. The medical material, therefore, could not have been brushed aside whil e considering the nature and gravity of the allegations. 13. In view of the nature of the allegations, the specific role attributed to respondent no.2, the material collected during investigation and the medical evidence on record, we are of the considered view that the present case was not one in which anticipatory bail ought to have been granted. The circumstances of the case also warrant that the investigating agency be left free to take such steps, including custodial SLP(CRL.) NO.11756 OF 2026 5 interrogation, as may be considered necessary in accordance with law. 14. Accordingly, the impugned order dated 25th November 2024 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No. 76360 of 2024 is set aside. 15. The anticipatory bail granted to respondent no.2 is cancelled. The respondent no.2 shall surrender before the concerned Court within four weeks from today. 16. It goes without saying that respondent no.2 shall be at liberty to file appropriate applications seeking regular bail as may be permissible under the law, and if such applications are filed, the same shall be decided on its own merits. 17. The appeal is allowed in the above terms. ……………………………………………..J. [VIKRAM NATH] ……………………………………………..J. [AUGUSTINE GEORGE MASIH] ……………………………………………..J. [SANDEEP MEHTA] NEW DELHI; SEPTEMBER 24, 2026