Aarti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.423 of 2025 Arising Out of PS. Case No.-336 Year-2024 Thana- KOTWALI District- Munger ====================================================== Aarti Devi W/O Neeraj Sahni @ Niraj Kumar R/O Geeta Babu Road, Laldarwaja, P.S- Kotwali, Distt.- Munger, State- Bihar. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Brajesh Sahay, Advocate Mr. Amit Narayan, Advocate For the Opposite Party/s :
Mr. Mithlesh Kumar Khare, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 06-02-2025 Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Kotwali Police Station Case No. 336 of 2024, disclosing offences under Sections 126(2), 115(2), 109, 352, 351(1), 3(1) of the Bharatiya Nyaya Sanhita, 2023.
3. The prosecution case, as per the First Information Report, is that while the informant was in his shop, on 18.10.2024 at about 10:00 P:M in the night, the petitioner along with other coaccused persons total eight in numbers attacked upon the informant with bricks. Co-accused Urmila Devi gave a knife to coaccused Rudra who attacked the informant due to which he sustained head injury.
4. Learned Counsel for the petitioner submits that petitioner has falsely been implicated in this case along with seven
Patna High Court CR. MISC. No.423 of 2025(2) dt.06-02-2025 2/2 other accused persons due to village politics. He further submits that the entire family members including the agnates of the petitioner have been made accused and the specific allegation of assault upon the informant is against the co-accused Rudra. He next submits that the victim has sustained simple injury.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that no overt act has been alleged against the petitioner and the allegation against her is general and omnibus in nature, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, 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 Chief Judicial Magistrate, Munger, in connection with Kotwali Police Station Case No. 336 of 2024, subject to the condition laid down under Section 482 of the Bharatiya Nyaya Sanhita, 2023.
(Anil Kumar Sinha, J) Siwani/- U T