Shobha Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.6205 of 2025 Arising Out of PS. Case No.-405 Year-2024 Thana- SABAUR District- Bhagalpur ====================================================== 1.
Shobha Kumari Wife of Wakil Kumar Singh @ Wakil Kumar Resident of Village- Maheshpur Parghari Police Station -Sabour, Dist- Bhagalpur 2.
Sudha Kumari Wife of Pramod Kumar Singh Resident of VillageMaheshpur Parghari Police Station -Sabour, Dist- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. (Dr.) Manoj Kumar, Advocate For the Opposite Party/s :
Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 19-02-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners seek bail in connection with Sabour P.S. Case No. 405 of 2024, FIR dated 25.11.2024, registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109, 103(1), 352 and 351(2) of the Bhartiya Nyaya Sanhita (BNS), 2023.
3. The prosecution case as emerges from the FIR is that petitioners and other co-accused persons assaulted the family members of informant by means of lathi, danda, khanti and other weapons.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this
Patna High Court CR. MISC. No.6205 of 2025(2) dt.19-02-2025 2/3 case and they are lady members of the family and they have been falsely implicated with an intent to harass the whole family on account of previous enmity.
5. He further submits that the petitioners have been languishing in jail since 26.11.2024.
6. It has also been stated in paragraph no. 3 of the bail petition that petitioners have no criminal antecedent.
7. It has also been stated in paragraph no. 2 of the bail petition that the petitioners have not moved before this Court earlier either for anticipatory bail or regular bail.
8. However, learned APP for the State vehemently opposes the prayer of the petitioners for bail.
9. Considering the aforesaid facts and circumstances and the fact that the petitioners are being ladies, this application is allowed, directing the petitioners, above named, to be enlarged on bail on their furnishing bail bonds in the sum of Rs. 10,000/- (Ten Thousand) each with two sureties on the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur, in connection with Sabour P.S. Case No. 405 of 2024 on the following conditions:
(i) The petitioners will make themselves available for interrogation by a police officer / Court as and when required. (ii) The petitioners will undertake that investigation /
Patna High Court CR. MISC. No.6205 of 2025(2) dt.19-02-2025 3/3 trial will not get hampered on account of their absence or noncooperation. They must be available to the police or the Court whenever their presence is required.
(iii) The petitioners shall not, directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer. (iv) In case, it is brought to the notice of the Court below that the petitioners have criminal antecedents, learned Court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same. (v) In case, it is brought to the notice of the Court below that statement regarding previous bail petition is wrong, learned Court below shall cancel the bail bonds of the petitioners. (Jitendra Kumar, J) Ravi /Shahnawaz/- U T