Mala Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.22454 of 2025 Arising Out of PS. Case No.-217 Year-2024 Thana- MALI District- Aurangabad ====================================================== 1.

Mala Devi W/o Bhola Paswan R/o Village- Bariyawa, P.S.- Mali, DistrictAurangabad 2.

Shakuntla Devi W/o Tunna Paswan R/o Village- Bariyawa, P.S.- Mali, District- Aurangabad 3.

Chandani Kumari W/o Pradeep Paswan R/o Village- Bariyawa, P.S.- Mali, District- Aurangabad ... ... Petitioners

Versus

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

For the Petitioner/s :

Mr.Rakesh Singh For the Opposite Party/s :

Mr.Syed Mojibur Rahman ====================================================== CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER 01-05-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners are apprehending their arrest in connection with Mali P.S. Case No. 217 of 2024 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 118(1), 109, 132, 352, 351(2), 351(3) of B.N.S.

3. As per prosecution case, informant and other police officials for apprehending the accused Santalesh Kumar, who was an accused in connection with Deo P.S. Case No. 103 of 2024, conducted raid at his house. It is alleged that petitioners and other attacked on the police party with bricks and stones. It

Patna High Court CR. MISC. No.22454 of 2025(2) dt.01-05-2025 2/3 is further alleged that petitioners and other made obstruction in functioning of official duty.

4. Learned counsel for the petitioners submits that petitioners are innocent and have committed no offence as alleged in the FIR and they have falsely been implicated in this case by the police just because they are agnates of said accused Santalesh Kumar. He further submits that all the petitioners are ladies. He further submits that as per FIR, the alleged occurrence took place on 16.11.2024 and FIR was registered on the same day but same FIR had been sent to trial court on 23.11.2024 for which no plausible explanation has been given regarding the said delay. He further submits that there is no specific allegation against any of the petitioners. He further submits that during the course of apprehending Santalesh Kumar all the agnates of said accused have been made accused by the police. Petitioner no. 1 bears criminal antecedent of one case i.e. Mali P.S. Case No. 40 of 2012 in which final form has been submitted against her. So far as petitioners no. 2 and 3 are concerned, they have clean antecedent.

5. The learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

6. Considering the facts and circumstances of the

Patna High Court CR. MISC. No.22454 of 2025(2) dt.01-05-2025 3/3 case, petitioners are ladies, argument advanced on behalf of both sides and also taking into consideration the material available on record, the petitioners above-named, in the event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Aurangabad in connection with Mali P.S. Case No. 217 of 2024, subject to the conditions as laid down under Section 482(2) of BNSS.

7. The application stands allowed.

(Alok Kumar Pandey, J) shahzad/- U T