Mangali Devi & Ors v. The State of Bihar, 2025
This decision reaffirms that Section 82/83 proceedings do not create a blanket embargo, unlike situations where the accused has been formally declared a Proclaimed Offender with due process.
Judgement Details
Court
Patna High Court
Date of Decision
22 September 2025
Judges
Justice Jitendra Kumar
Citation
Acts / Provisions
Section 13(1)(ia), Hindu Marriage Act, 1955
Section 25, Hindu Marriage Act, 1955
Facts of the Case
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The petitioners, along with co-accused Kedar Mahto, were accused of assaulting the informant’s mother with deadly weapons (iron rod, knife, spade), leading to her death after 10 days in the hospital.
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A counter-case was registered on the same day of the occurrence by the petitioners against the informant's side for attempt to murder.
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During the pendency of the anticipatory bail petition, proclamation proceedings under Sections 82 and 83 CrPC were initiated against the petitioners.
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The State opposed the anticipatory bail, citing that proclaimed offender proceedings had commenced.
Issues
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Can an anticipatory bail petition be entertained if proclamation proceedings under Sections 82/83 CrPC are initiated?
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Does the initiation of such proceedings automatically bar the grant of anticipatory bail?
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Whether counter-case, injuries on both sides, and lack of specific allegations merit consideration for bail?
Held
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The Petition under Section 438 CrPC is maintainable even when proceedings under Sections 82/83 CrPC or 84/85 BNSS have been initiated.
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Such initiation does not amount to a statutory bar unless the accused is declared a Proclaimed Offender with clear evidence of evasion.
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The Facts like clean antecedents, counter-cases, general allegations, and injuries on both sides are valid considerations for anticipatory bail.
Analysis
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The Patna High Court strikes a balanced approach between safeguarding the liberty of the accused and preventing abuse of process by wilful evaders.
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This decision reaffirms that Section 82/83 proceedings do not create a blanket embargo, unlike situations where the accused has been formally declared a Proclaimed Offender with due process.
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The judgment will have significant implications for counter-cases in rural and factional disputes, where both sides often face criminal complaints.
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It distinguishes pending proclamation proceedings from completed ones where the accused has been declared absconding through a speaking order.