Kajal Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3772 of 2025 Arising Out of PS. Case No.-354 Year-2024 Thana- MOTIPUR District- Muzaffarpur ====================================================== 1.
Kajal Devi Wife of Sanjeet Ray Resident of Village - Morsandi, P.S. - Motipur, District - Muzaffarpur 2.
Shikiya Devi Wife of Ramchandra Ray Resident of Village - Morsandi, P.S. - Motipur, District - Muzaffarpur 3.
Meena Devi Wife of Ashok Ray Resident of Village - Morsandi, P.S. - Motipur, District - Muzaffarpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Yugal Kishore, Advocate For the Opposite Party/s :
Mr.Chandra Bhushan Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 12-02-2025 Heard Mr. Yugal Kishore, learned counsel appearing on behalf of the petitioners and Mr. Chandra Bhushan Prasad, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Motipur P.S. Case No. 354 / 2024 registered for the offence(s) punishable under Sections 191(2), 191(3), 190, 127(2), 115(2), 132, 109 and 61(2) of BNS.
3. As per the allegation made in the FIR, when the police force had gone to investigate in connection with a case, the accused persons named therein including the petitioners have assaulted them. Specific allegation of assaulting the
Patna High Court CR. MISC. No.3772 of 2025(2) dt.12-02-2025 2/3 informant, who is a police officer, is against co-accused Ashok Rai.
4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are female members and they have nothing to do with the said occurrence. He further submitted that allegation against the petitioners is general and omnibus and specific allegation is against co-accused Ashok Rai, who had assaulted the informant by means of brick with an intention to kill causing injury. Petitioners have clean antecedents.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the nature of allegation made in the FIR, as well as, the fact that allegation against the petitioners, who are lady, is general and omnibus and they are also having clean antecedents, I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the
Patna High Court CR. MISC. No.3772 of 2025(2) dt.12-02-2025 3/3 satisfaction of learned A.C.J.M., 1st West Muzaffarpur in connection with Motipur P.S. Case No. 354 / 2024, subject to the conditions as laid down under Section 438(2) of the Cr.P.C.
8. The learned District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases, as what has been stated in paragraph no.3 of the bail application, this order will automatically lose its force.
(Purnendu Singh, J) Sanjay/- U T