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2025 DAILYLAW 13005 (PAT)

Moni Devi v. The State of Bihar

CR. MISC./6830/2025 · 2025-03-17

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.6830 of 2025 Arising Out of PS. Case No.-156 Year-2024 Thana- PHULWARIA District- Begusarai ====================================================== Moni Devi W/O Karu Mishra @ Jitendra Mishra Resident of Village- Shokahara, Tiwari tola ward no.- 11, P.S- Phulwaria, District- Begusarai ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Md Fazle Karim, Advocate For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 17-03-2025 Heard learned counsel for the petitioner and the State. 2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 127(2), 352, 351(1) and 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act. 3. According to F.I.R., on 24.9.24 at about 9 PM, husband of the petitioner came at the house of informant and started abusing, firing and threatened informant with dire consequences. 4. Learned counsel for the petitioner submits that specific accusation of firing is against co-accused Karu Mishra. There is no specific allegation of overt act against this petitioner and she has been made accused merely because she is wife of co-accused Karu Mishra. Petitioner is lady and claims clean Patna High Court CR. MISC. No.6830 of 2025(2) dt.17-03-2025 2/2 antecedent. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering the backdrop of the case, nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of her arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bail- bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Begusarai in connection with Phulwaria P. S. Case No. 156 of 2024, subject to condition as laid down under Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T