Badhati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.17049 of 2025 Arising Out of PS. Case No.-356 Year-2024 Thana- SIMRI District- Buxar ====================================================== 1.

Badhati Devi Wife of Ganesh Bin @ Ganesh Bind village- Chandpali Binddera, ps- Simari, Dist- Buxar 2.

Ratan Kumar son of Ganesh Bin @ Ganesh Bind village- Chandpali Binddera, ps- Simari, Dist- Buxar 3.

Dindayal Chaudhary @ Dindayal Kumar Choudhary Son of Ganesh Bin @ Ganesh Bind village- Chandpali Binddera, ps- Simari, Dist- Buxar 4.

Ganesh Bin @ Ganesh Bind Son of Late Rajadhari Bin village- Chandpali Binddera, PS- Simri, Dist- Buxar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Dr.Kamal Deo Sharma, Advocate.

For the Opposite Party/s :

Mr. Ajit Kumar, APP.

====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 16-04-2025 Heard Dr. Kamal Deo Sharma, learned counsel appearing on behalf of the petitioners and Mr. Ajit Kumar, learned APP for the State.

2. The petitioners seek pre-arrest bail in connection with Simri P.S. Case No. 356 of 2024 registered for the offence punishable under Sections 126(2), 115(2), 351(2), 352, 303(2), 74, 109 and 3(5) of the B.N.S., 2023.

3. As per the allegation made in the F.I.R., the petitioners along with other co-accused are said to have assaulted the husband of the informant who sustained grievous

Patna High Court CR. MISC. No.17049 of 2025(2) dt.16-04-2025 2/3 injury. Specific allegation of assaulting on the head of the husband of the informant is against petitioner no.2 Ratan Kumar.

4. Learned counsel appearing on behalf of the petitioners submitted that the petitioners are innocent and due to trivial dispute, both the parties engaged into fierce fight and during the said course, petitioners might have assaulted the husband of the informant which was not intentional. The allegation being general and omnibus, the petitioners deserve to be released on bail.

5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioners.

6. Having heard the rival submissions made on behalf of the parties, as well as, the nature of allegation made in the F.I.R., I find that so far as petitioner no.2 Ratan Kumar is concerned, he is the one who had assaulted on the head of the husband of the informant by means of stick causing grievous injury, I am not inclined to enlarge the petitioner no.2 Ratan Kumar on pre-arrest bail.

7. So far as petitioner nos. 1, 3 and 4 are concerned, in view of general and omnibus allegation against them, they are directed to be released on pre-arrest bail, in the event of their

Patna High Court CR. MISC. No.17049 of 2025(2) dt.16-04-2025 3/3 arrest or surrender before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned CJM, Buxar in connection with Simri P.S. Case No. 356 of 2024, subject to the condition as laid down under Section 482(2) of the B.N.S.S..

8. The District Court is directed to verify the criminal antecedent of the petitioners and if it is found that the petitioners are involved in some other cases as what has been stated in Para-3 of the bail petition, this order will automatically lose its force.

9. The bail application stands disposed of.

(Purnendu Singh, J) mantreshwar/- U T