Sundarpatti Devi A@ Sundarpati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.15162 of 2025 Arising Out of PS. Case No.-192 Year-2024 Thana- BANJARIA District- East Champaran ====================================================== Sundarpatti Devi a@ Sundarpati Devi W/o Late Suresh Rai @ Suresh Ray Resident of Village - Mokhlishpur, P.S. - Banjaria, District - East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Madhurendra Kumar For the Opposite Party/s :
Mr. Kumar Ranjit Ranjan ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 09-04-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Banjariya Police Station Case No. 192 of 2024, dated 02.08.2024, disclosing offences under Sections 126(2)/115(2)/118(1)/117(2)/109/74/303(2)/352/3(5) of the Bhartiya Nyaya Sanhita.
3. The prosecution case, as per the First Information Report, is that on 01.06.2024, in the afternoon, while the informant was inspecting his paddy crops, he found that a goat of co-accused Mukesh Rai was grazing in his field and the informant caught the goat. In the meanwhile, all the accused persons, armed with weapons, reached at the field of informant and surrounded him. It has further been
Patna High Court CR. MISC. No.15162 of 2025(2) dt.09-04-2025 2/3 alleged that the petitioner pressed the neck of informant and the co-accused Mukesh Rai assaulted him by means of farsa due to which he received injury on his head.
4. Learned counsel for the petitioner submits that both the parties are co-villagers and there is land dispute between them. He next submits that the petitioner is a lady and allegation against her is that she pressed the neck of the informant, but from perusal of the injury report, annexed at Annexure-2, it would be evident that no apparent injury or any mark has been found on the neck of the informant. He further submits that the injury is simple in nature opined as lacerated wound over right parieto-temporal region, which is not attributable to the petitioner. The petitioner is not having any criminal antecedent.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the fact that both the parties are co-villagers having land dispute, the petitioner is a lady having no criminal antecedent and no apparent injury on the neck of the informant has been found, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
Patna High Court CR. MISC. No.15162 of 2025(2) dt.09-04-2025 3/3
7. Let the petitioner, above named, in the event of his arrest or surrender before the Court below within four weeks, be released 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 learned Judicial Magistrate First Class, Sikrahana, East Champaran, Motihari, in connection with Banjariya Police Station Case No. 192 of 2024, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T