Laljhari Devi @ Deojhari Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.3924 of 2025 Arising Out of PS. Case No.-306 Year-2024 Thana- EKMA District- Saran ====================================================== Laljhari Devi @ Deojhari Devi Son of Mahngu Mahto Resident of Village - Shobham Chapra, P.S. - Ekma, District - Saran ... ... Petitioner/s

Versus

The State of Bihar Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Nalin Kumar, Advocate For the Opposite Party/s :

Mr. Ashok Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 12-02-2025 Heard Mr. Nalin Kumar, learned counsel for the petitioner and Mr. Ashok Kumar Singh, learned APP for the State.

2. The petitioner is apprehending her arrest in connection with Ekma P.S. Case No. 306 of 2024, F.I.R. dated 21.08.2024 registered for the offences punishable under Sections 127(1), 115(2), 118(1), 109, 3(5) of the Bhartiya Nyay Sanhita, 2023.

3. Allegation against the petitioner is that she along with other co-accused person assaulted the informant due to which causing fracture on both hands of the informant.

4. Learned counsel for the petitioner submits that the petitioner has clean antecedent and she has been falsely implicated in the present case merely on the ground that she is

Patna High Court CR. MISC. No.3924 of 2025(2) dt.12-02-2025 2/3 the wife of co-accused person namely Mahangu Mahto @ Jamadar Mahto. He further submits that although there is specific allegation against the petitioner and other co-accused person that they have assaulted the informant and the informant has received injury in his hand. Learned counsel for the petitioner submits that the hand is not the vital part of the body of the informant.

5. Learned APP for the State has opposed the prayer for anticipatory bail of the petitioner.

6. Considering the aforesaid facts and circumstances of the case and the fact that the petitioner having elan antecedent and the injury inflicted upon the informant is not the vital part of the body of the informant, let the petitioner, above named, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. IXth, Chapra in connection with Ekma P.S. Case No. 306 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/ Section 482(2) of BNSS, 2023 and with other following conditions :-

Patna High Court CR. MISC. No.3924 of 2025(2) dt.12-02-2025 3/3

(1) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below.

(2) If the petitioner tampers with the evidence or the witness, in that case, the prosecution will be at liberty to move for cancellation of bail.

(3) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ibrar//- U T