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2025 DAILYLAW 41252 (PAT)

Kanti Devi @ Sumintra Devi v. The State of Bihar

CR. MISC./32629/2025 · 2025-05-21

Alok Kumar Pandey

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.32629 of 2025 Arising Out of PS. Case No.-99 Year-2025 Thana- MANER District- Patna ====================================================== 1. Kanti Devi @ Sumintra Devi W/o- Shyam Nandan Rai Resident of Bhargu Tola Byapur P.S- Maner, Dist- Patna 2. Muritiya Devi W/o- Yogendra Rai Resident of Bhargu Tola Byapur P.S- Maner, Dist- Patna ... ... Petitioner/s Versus The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr.Sanjiv Kumar For the Opposite Party/s : Mr.Mohammed Arif ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 2 21-05-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State. 2. The petitioners are apprehending their arrest in connection with Maner P.S. Case No. 99 of 2025 registered for the offences punishable under Sections 191(2), 126(2), 115(2), 109, 74, 303(2), 329(3), 324(2) and 351(2) of BNS. 3. As per prosecution case, petitioner no. 2, Muritiya Devi and other armed with lathi, danda, iron rod, county made spears, swords and other sharp weapon entered into the house of the informant with intention to kill and started abusing the women of the house in vulgar language. When the same was objected, all the accused persons started assaulting the Patna High Court CR. MISC. No.32629 of 2025(2) dt.21-05-2025 2/4 informant with intention to kill. It is alleged that co-accused Arjun Kumar and Piyush kumar dashed the informant on the ground and co-accused Nirala Kumar wrapped a towel around neck of the informant and started dragging him. It is further alleged that co-accused, Arjun Kumar, assaulted the informant on his head by means of iron rod as a result of which informant sustained injury on head. Further, accused persons assaulted informant by kicks and fists due to which he got unconscious. It is further alleged that when women of the house and informant’s brother came to rescue, accused persons started throwing bricks and stones on them as a result of which informant’s brother and women of the house sustained injury. It is further alleged that some people dragged informant’s brother on the ground and took him to their house and locked him in a room and co- accused Arjun Kumar, Nirala Kumar, Pramod Kumar and petitioner no.1, Kanti Devi, and other concertedly assaulted the informant’s brother. It is further alleged that some persons looted and vandalized the house of the informant and took away Rs. 20,000/-. 4. Learned counsel for the petitioners submits that from the perusal of the FIR, it is apparent that there was scuffle between the minor child of the village on trivial issue and Patna High Court CR. MISC. No.32629 of 2025(2) dt.21-05-2025 3/4 account of said reason, guardian of the aforesaid minor children had been involved in the alleged occurrence. There was neither any motive nor any intention of the petitioners and other co- accused to commit such offence. Moreover, there is a case and counter case between both the parties and free fighting cannot be ignored. It is further submitted that there is no specific allegation against the petitioners rather the same is general and omnibus in nature. Learned counsel further submits that petitioners are innocent and have committed no offence as alleged in the FIR. Petitioners being a lady have falsely been implicated in the case just to harass them. Apart from that, petitioner bears no criminal antecedent. 5. The learned A.P.P. for the State vehemently opposes the prayer for anticipatory bail of the petitioners. 6. Considering the facts and circumstances of the case, petitioners being a lady having no criminal antecedent, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of his arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like Patna High Court CR. MISC. No.32629 of 2025(2) dt.21-05-2025 4/4 amount each to the satisfaction of learned ACJM, Danapur, District-Patna in connection with Maner P.S. Case No. 99 of 2025, subject to the conditions as laid down under Section 482(2) of B.N.S.S. vashudha/- (Alok Kumar Pandey, J) U T