Babita Devi @ Kabita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.10866 of 2026 Arising Out of PS. Case No.-182 Year-2024 Thana- BIHARIGANJ District- Madhepura ====================================================== Babita Devi @ Kabita Devi W/o- Gyan Chandra Mukhiya R/v- Saroni Kala W.No-14, Ps- Bihariganj Dist- Madhepura ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Uday Chand Prasad, Advocate For the Opposite Party/s :

Mr.Damodar Prasad Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA ORAL ORDER 01-04-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner apprehends her arrest in connection with Bihariganj P.S. Case No.182 of 2024, registered for the offence under Sections 323, 324, 307, 341, 354, 379, 504, 34 of the Indian Penal Code.

3. Prosecution story in brief is that Bibi Monina Khatoon along with the other co-accused persons being armed with weapons abused and assaulted her and her son Md. Anwar as well as Manoj Mukhia shouted with direction to other accused to raped her and then Sunil Mukhiya assaulted her and after that they fell her in the land and on direction of co-accused

Patna High Court CR. MISC. No.10866 of 2026(3) dt.01-04-2026 2/3 Anil Mukhiya ad Bindeshwari Mukhiya, the petitioner gave sword to her husband Gyan Chandra Mukhiya who blow with sword on her son which hit on the right side of his head causing bleeding injury to him and considering him dead, the accused persons 2 to 7 looted articles of oil, Masala, Soap etc. from her shop worth Rs. 15,000/- and dispersed the other articles..

4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence and has falsely been implicated in this case. Learned counsel for the petitioner further submits that the petitioner was not arrested from place of occurrence nor any incriminating articles were recovered from him. Learned counsel for the petitioner next submits that there are general and omnibus allegation and no specific overtact against petitioner.

5. Considering the serious nature of the offence alleged to have been committed by the petitioner, which has caused injury on the head and the vital part of the body leading to grievous injury which has been noted in the impugned order. The petitioner it appears played a vital role in committing of the offence.

6. Considering these aspects of the matter, this Court is not inclined to grant the privelge of anticipatory bail to the

Patna High Court CR. MISC. No.10866 of 2026(3) dt.01-04-2026 3/3 petitioner.

7. Accordingly, the anticipatory bail application is rejected.

(Alok Kumar Sinha, J) Prakash Narayan U T