Mushkan Kumari @ Kushi Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.18254 of 2026 Arising Out of PS. Case No.-265 Year-2025 Thana- ATHMALGOLA District- Patna ====================================================== Mushkan Kumari @ Kushi Kumari Daughter of Santosh Rai Resident of Village- Kamarapar, P.S.- Athamalgola, District- Patna ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Anil Kumar Singh, Advocate For the State :
Mr. Shyam Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-05-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 109(1), 74, 352, 351(2) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that all the F.I.R. named accused persons, including this petitioner, abused and assaulted informant and his family members due to which sister of informant sustained head injuries.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, due to petty dispute, maar-peet took place between the parties in which both sides
Patna High Court CR. MISC. No.18254 of 2026(2) dt.04-05-2026 2/3 sustained injuries. There is case and counter-case. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against this petitioner. Doctor has found the injuries, allegedly caused by this petitioner, simple in nature. It is further submitted that similarly situated co-accused persons have already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 23.02.2026 passed in Cr. Misc. No. 8662 of 2026. Petitioner is a lady and claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case, case and counter-case between the parties, general and omnibus nature of accusation, nature of injuries allegedly caused by this petitioner, claim based on parity and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount
Patna High Court CR. MISC. No.18254 of 2026(2) dt.04-05-2026 3/3 each to the satisfaction of learned S.D.J.M., Barh, Patna in connection with Athmalgola P.S. Case No. 265 of 2025, subject to condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T