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Patna High CourtCR. MISC./20768/2025bail granted

Anku Devi v. The State Of Bihar

2025-04-23Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.20768 of 2025 Arising Out of PS. Case No.-83 Year-2024 Thana- DHANGAI District- Bhojpur ====================================================== Anku Devi Wife of Shailendra Tiwary @ Shailendra Tiwari Resident of Village - Dhangai, P.S.- Dhangai, District - Bhojpur. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Bhaskar Shankar For the Opposite Party/s :

Mr.Yogendra Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-04-2025 Heard learned counsel for the petitioner, learned A.P.P. for the State and learned counsel for the informant.

2. The petitioner apprehends her arrest in a case registered for the offence under Sections 126(2), 115(2), 109, 3(5), 351(2) of the Bhartiya Nyaya Sanhita, 2023.

3. As per prosecution case, on 29.11.2024 at about 1:00 PM, the petitioner alongwith other co-accused persons entered in the house of informant and attacked the informant's mother, while she was sleeping. It is further alleged that the accused persons including this petitioner, with intention to kill Umarawati Devi (informant's mother), stabbed her with knife, on account of which, she sustained four injuries. Doctor has found the injury grievous in nature.

4. Learned counsel for the petitioner submits that

Patna High Court CR. MISC. No.20768 of 2025(2) dt.23-04-2025 2/3 petitioner is none else, but own daughter-in-law of the victim and prior to the present case, petitioner has filed a complaint case, vide Complaint Case No. 1884(c)/2018, against informant and others under Section 498A, 307 of the Indian Penal Code and Section 3 / 4 of the Dowry Prohibition Act and thereafter, she (petitioner) has also filed a maintenance case i.e. Maintenance Case No. 9/2024 in the Court of Principal Judge Family Court, Ara and in retaliation, this false and concocted case has been lodged against petitioner and her family members. F.I.R. has been lodged after a delay of 3 days, without there being any plausible explanation of delay.

5. Learned A.P.P. for the State and learned counsel for informant opposed the bail petition. Learned counsel for informant submits that petitioner is named in the F.I.R. and has got one criminal antecedent. He further submits that this petitioner alongwith others brutally assaulted informant's mother, as a result of which, she sustained four injuries, out of which, some are of grievous nature.

6. Considering the nature of accusation, general & omnibus allegation, the relation between the parties and petitioner being lady, her prayer for anticipatory bail is allowed.

7. Accordingly, let the above named petitioner, in the

Patna High Court CR. MISC. No.20768 of 2025(2) dt.23-04-2025 3/3 event of arrest/surrender within a period of eight weeks from today, be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned A.C.J.M. - IX, Bhojpur at Ara in connection with Dhangai P.S. Case No. 83 of 2024, subject to condition as laid down under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023.

(Prabhat Kumar Singh, J) anay U T