IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.21075 of 2025 Arising Out of PS. Case No.-394 Year-2024 Thana- BAIKUNTHPUR District- Gopalganj ====================================================== 1. Deomati Devi W/o- Late Sipahi Mahto Resident of village- Pipara Bintoli Police station-Baikunthpur District-Gopalganj 2. Reena Devi W/o- Jitendra Mahto Resident of village- Pipara Bintoli Police station-Baikunthpur District-Gopalganj 3. Kisnauti Devi W/o- Rajendra Mahto Resident of village- Pipara Bintoli Police station-Baikunthpur District-Gopalganj 4. Manti Devi W/o- Satyendra Mahto Resident of village- Pipara Bintoli Police station-Baikunthpur District-Gopalganj ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Ms. Mili Kumari, Advocate For the Opposite Party/s : Mr. Narendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 2 23-04-2025 Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State. 2. This application, for grant of anticipatory bail, arises out of Baikunthpur Police Station Case No. 394 of 2024, disclosing offences under Sections 126(2), 115(2), 118(1), 109, 303, 103 and 3(5) of Bhartiya Nyaya Sanhita. 3. As per the prosecution case, on 11.12.2024 in the morning, the informant’s son namely Dharmendra Mahto (deceased) was returning back to his home, the petitioners, including the other co-accused persons, started abusing and assaulting the informant’s son. The informant received Patna High Court CR. MISC. No.21075 of 2025(2) dt.23-04-2025 2/3 information regarding the incident and reached the place of occurrence along with his family members and saw that co- accused Satendra Mahto assaulted the informant with farsa, Hakim Mahto by means of bhala, Paras Mahto with lathi and Rahul Kumar with axe. Due to assault by the accused persons by means of lathi and farsa, the informant’s son sustained head injury, fell down, became unconscious and subsequently died. It has further been alleged that the petitioners started assaulting the daughter-in-law of the informant namely, Baby Devi, with danda due to which she sustained injury. 4. Learned counsel submits that both the parties are neighbours and there is previous dispute between them. Prior to the present FIR for an occurrence which had taken place on the same date a counter case has been lodged by the side of the petitioners, bearing Baikunthpur P.S. Case No. 395 of 2024, against the informant and others. Specific allegation of assault on the deceased is not against the petitioners, who are ladies, and the injuries sustained by the informant’s daughter-in-law due to assault by the petitioners are simple in nature which would be evident from Annexure- P/3, which is injury report of Baby Devi. 5. Having regard to the submissions made on behalf of Patna High Court CR. MISC. No.21075 of 2025(2) dt.23-04-2025 3/3 the parties and taking into consideration the nature of allegation against the petitioners that they assaulted the daughter-in-law of the informant and injuries sustained by her are simple in nature and there is no specific allegation of assault against the petitioners upon the deceased, I am inclined to grant the petitioners privilege of anticipatory bail. 6. This application is, accordingly, allowed. 7. Let the petitioners, above named, in the event of his arrest or surrender before the Court below within four weeks, be released 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 Judicial Magistrate, 1st Class, Gopalganj, in connection with Baikunthpur Police Station Case No. 394 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023. Raj Ranjan/- (Anil Kumar Sinha, J) U T