IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.40059 of 2026 Arising Out of PS. Case No.-21 Year-2025 Thana- MAHILA P.S. District- Rohtas ====================================================== Asha Devi @ Kaushalya Devi W/O Rajnath Singh @ Raj Nath Singh Yadav R/O Village- Mathiyaw, P.S.- Bikramganj, Distt.- Rohtas, at present residing Chai Bagan, Barganwa, Namkum, P.O.- Namkun, P.S.- Namkum, Distt.- Ranchi, Jharkhand. ... ... Petitioner Versus 1. The State of Bihar 2. Kaushalya Devi W/O Rajnath Singh @ Rajnath Singh Yadav R/O Village- Mathiyaw, P.S.- Bikramganj, Distt.- Rohtas ... ... Opposite Party ====================================================== Appearance : For the Petitioner/s : Mr.Babu Nandan Prasad, Advocate For the Opposite Party/s : Dr. Indiwar Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 2 22-06-2026 Heard learned counsel for the petitioner and learned APP for the State. 2. The accused-petitioner, named in the F.I.R., is apprehending her arrest in connection with Mahila Thana Dehri P.S. Case No. 21 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 82(1), 352, 351(2), 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the ‘B.N.S.’). 3. As per FIR, petitioner alleged to commit mental and physical cruelty upon the informant/O.P. No. 2 alongwith her husband. Petitioner is the second wife of the husband of the informant/O.P. No. 2. Patna High Court CR. MISC. No.40059 of 2026(2) dt.22-06-2026 2/3 4. Learned counsel appearing on behalf of the petitioner submitted that out of consent of informant/O.P. No. 2, her husband solemnized marriage long back with the petitioner. It is pointed out that petitioner is living separately with the informant/O.P. No. 2. It is also pointed out that direct allegation of committing physical and mental cruelty not appears available against this petitioner and out of property dispute, the present false implication was raised against the petitioner, who is a lady of clean antecedent. 5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioner. 6. In view of the aforesaid factual submissions and by taking note of the fact as allegation of mental and physical cruelty prima facie not appears specific/direct, coupled with the fact that petitioner is a lady of clean antecedent, who is living separately with the informant/O.P. No. 2, accordingly, above-named petitioner, in the event of her arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction of learned Patna High Court CR. MISC. No.40059 of 2026(2) dt.22-06-2026 3/3 S.D.J.M., Sasaram, Rohtas/concerned court in connection with Mahila Thana Dehri P.S. Case No. 21 of 2025, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short “B.N.S.S.”). Rajeev/- (Chandra Shekhar Jha, J) U T