Manisha Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.23860 of 2025 Arising Out of PS. Case No.-980 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== Manisha Kumari W/o Rohit Ranjan R/o Vill.- Mirjapur, P.S.- Muffasil, Distt.- Gaya At present R/o Village- Sadepur (Sedpur), Police Station- Sakurabad, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Anil Kumar Singh, Advocate For the Opposite Party/s :

Mr. Anuj Kumar Shrivastava, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 10-07-2025 Heard Mr. Anil Kumar Singh, learned counsel for the petitioner and Mr. Anuj Kumar Shrivastava, learned Additional Public Prosecutor for the State.

2. The petitioner is apprehending her arrest in connection with Muffasil P.S. Case No. 980 of 2024, F.I.R. dated 06.11.2024 for the offences punishable under Sections 126(2), 115(2), 352, 109, 351(2), 118(1), 303(2), 3(5) of the Bharatiya Nyay Sanhita, 2023.

3. As per the First Information Report, the informant alleged that when she along with her elder sister Uma Devi was cutting the paddy crops, in the meantime, the petitioner along with other co-accused persons arrived and started abusing and threatened of dire consequences for cultivating the paddy crops. On objection, the accused persons assaulted the informant and her

Patna High Court CR. MISC. No.23860 of 2025(3) dt.10-07-2025 2/3 elder sister.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and she has falsely been implicated in the present case merely on the ground that she is the family member of the co-accused person. Although there is specific allegation against the petitioner that she assaulted the elder sister of the informant, namely, Uma Devi. It appears from the FIR that due to admitted land dispute the present occurrence has taken place and there is case and counter case between the parties. Although the said Uma Devi has received injury but her injury report suggest that injury is simple in nature caused by hard and blunt substance.

5. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent and there is case and counter case between the parties and injury inflicted upon the injured person suggest that injury is simple in nature, let the petitioner, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Gaya in

Patna High Court CR. MISC. No.23860 of 2025(3) dt.10-07-2025 3/3 connection with Muffasil P.S. Case No. 980 of 2024, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on her absence on two consecutive dates without sufficient reason, her bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bond in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Suruchi/- U T