Sunaina Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.19696 of 2025 Arising Out of PS. Case No.-162 Year-2024 Thana- BARURAJ District- Muzaffarpur ====================================================== 1 .

Sunaina Devi Wife of Late Ramashray Mahto Resident Of Village- Baruraj Tola Mehmdo Nagar Bankat Noniya Tola, Ps -Baruraj Dist- Muzaffarpur 2.

Poonam Devi wife of Harendra Mahto Resident Of Village- Baruraj Tola Mehmdo Nagar Bankat Noniya Tola, Ps -Baruraj Dist- Muzaffarpur 3 .

Rekha Devi Wife of Randhir Mahto Resident Of Village- Baruraj Tola Mehmdo Nagar Bankat Noniya Tola, Ps -Baruraj Dist- Muzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Manindra Kishore Singh, Advocate For the Opposite Party/s :

Mr. Shailendra Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 17-04-2025 Heard learned counsel for the petitioners and the State .

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 103 (1) r/ w and 3 (5) of the BNS.

3 . As per F.I.R., informant alleged that she along with other family members was assaulted by 8 F.I.R., named accused persons including these petitioners, causing death of

Patna High Court CR. MISC. No.19696 of 2025(2) dt.17-04-2025 2/3 husband of informant.

4. It is submitted on behalf of the petitioners that from perusal of F.I.R., it is apparent that there is no specific allegation against these petitioners. There is no mention of nature of weapon and manner of occurrence in the F.I.R. As per F.I.R., 8 accused persons assaulted informant and others whereas in the post mortem report, only one injury has been found on the person of deceased. As a matter of fact, husband of deceased fell on ground and sustained injury and as such, it was a natural death and taking advantage of the situation, this false and concocted case has been lodged against these petitioners. Petitioners claim clean antecedent.

5 . Learned counsel for the State oppose the bail petition .

6 Considering the materials available on record, clean antecedent of these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named 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 the learned Judicial Magistrate 1st Class (West ) Muzaffarpur in connection with Baruraj P.S. Case No. 162 of 2024 , subject to

Patna High Court CR. MISC. No.19696 of 2025(2) dt.17-04-2025 3/3 the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .

(Prabhat Kumar Singh, J) Koushik/- U T