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2025 DAILYLAW 57945 (PAT)

Malti Devi v. The State of Bihar

CR. MISC./45781/2025 · 2025-07-28

Prabhat Kumar Singh

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45781 of 2025 Arising Out of PS. Case No.-38 Year-2025 Thana- INARWA District- West Champaran ====================================================== 1. Malti Devi W/O Makhan pandit R/O Inarwa, PS- Inarwa, district- West Champaran 2. Dilip kumar S/O Makhan pandit R/O Inarwa, PS- Inarwa, district- West Champaran 3. Deependra kumar S/o Makhan pandit R/O Inarwa, PS- Inarwa, district- West Champaran 4. Deepak kumar S/O Makhan pandit R/O Inarwa, PS- Inarwa, district- West Champaran ... ... Petitioner/s Versus The State of Bihar ... ... Opposite Party/s ====================================================== Appearance : For the Petitioner/s : Mr. Bimlesh Kumar Pandey, Advocate For the Opposite Party/s : Mr. Umeshanand Pandit, A.P.P. ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 2 28-07-2025 Heard learned counsel for the petitioners and the State. 2. Petitioners apprehend arrest in a case registered for the offences punishable under Sections 126(2), 115(2) 109, 303(2), 3(5) of the Bharatiya Nyaya Sanhita. 3. As per prosecution case, on 13.03.2025, when son of the informant went attend nature’s call, all the F.I.R. named accused persons, including these petitioners, caught him and assaulted him by means of iron rod, danda. Further allegation is that the accused persons also snatched Rs. 15,000/-, mobile Patna High Court CR. MISC. No.45781 of 2025(2) dt.28-07-2025 2/3 phone and other valuables items from his pocket. 4. Learned counsel for the petitioners submits that petitioners are innocent and have falsely been implicated in this with ulterior motive. As a matter of fact, on the alleged date of occurrence, son of the informant attempted to commit rape with the daughter of petitioner no. 1 and when he was caught by petitioner nos. 2 & 4, informant committed maar-peet and outraged modesty of the ladies of petitioners’ family. Present case is counter version of Inarwa P. S. Case No. 45 of 2025 which was lodged by petitioner no. 1 against family members of the informant. Allegation of assault is general and omnibus and there is no allegation of specific overt act against these petitioners. Injury sustained by informant is simple in nature. Petitioners claim clean antecedent. 5. Learned A.P.P. for the State vehemently opposed the bail application. 6. Considering backdrop of the case, simple injury and clean antecent, this anticipatory bail is allowed and it is ordered that let the above named petitioners in the event of their 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) each with two sureties of the like Patna High Court CR. MISC. No.45781 of 2025(2) dt.28-07-2025 3/3 amount each to the satisfaction of Judicial Magistrate, 1st Class, Bettiah, West Champaran in connection with Inarwa P. S. Case No. 38 of 2025, subject to condition as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. Navya/- (Prabhat Kumar Singh, J) U T