Rani Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10602 of 2025 Arising Out of PS. Case No.-599 Year-2024 Thana- BIDUPUR District- Vaishali ====================================================== 1.

Rani Devi Wife of Raj Kumar Sah R/O Village- Shitalpur Kamalpur, P.SBidupur, Dist- Vaishali 2.

Beauti Devi Wife of Deepak Kumar R/O Village- Shitalpur Kamalpur, P.SBidupur, Dist- Vaishali 3.

Deepak Kumar son of Raj Kumar Sah village- Shitalpur Kamalpur, PsBidupur, Dist- Vaishali ... ... Petitioners

Versus

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

For the Petitioner/s :

Mrs Rina Sinha, Advocate Mr.Dhirendra Prasad Sinha, Advocate For the Opposite Party/s :

Mr.Umeshanand Pandit, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 07-03-2025 Heard learned counsel for the petitioners and the State.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 115(2), 126(2), 109, 352, 351(2), 351(3), 3(5), 103 of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, on the alleged date and time of the occurrence, all the FIR named accused persons including these petitioners came to the house of the informant and abused informant's father and also assaulted him with bricks and stones causing him head injuries. Victim was treated

Patna High Court CR. MISC. No.10602 of 2025(2) dt.07-03-2025 2/3 in the Hospital but he died during course of treatment.

4. It is submitted on behalf of the petitioners that parties are agnate and due to land dispute, occurrence of marpit took place between the parties. Allegation of assault is general and omnibus and no specific overt act has been alleged against these petitioners. F.I.R. has been lodged after delay of 10 days without any explanation which renders the entire prosecution case doubtful. Post mortem report also does not support the prosecution case. Co-accused, with similar allegation, have already been allowed pre-arrest bail by this Court vide order passed in Cr.Mis.No. 2708/2025. Petitioners claim clean antecedent.

5. Learned counsel for the State opposes the prayer for bail.

6. Considering the aforesaid facts of the case, prayer for bail of all the petitioners is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of Chief Judicial Magistrate, Vaishali at Hajipur in Bidupur Police Station Case No. 599/2024, subject to the conditions laid down under section

Patna High Court CR. MISC. No.10602 of 2025(2) dt.07-03-2025 3/3 482 the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) shashi/- U T