Aarti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.23236 of 2025 Arising Out of PS. Case No.-5 Year-2024 Thana- SANOKHAR District- Bhagalpur ====================================================== 1.
Aarti Devi wife of Kundan Sah Village -Choti Naki PS- Sanokhar, DistBhagalpur 2.
Anju Devi @ Neha Devi @ Anju @ Neha Kumari wife of chandan Sah Village -Choti Naki PS- Sanokhar, Dist- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Ms. Swati Parmar, Advocate For the State :
Mr. Rajendra Prasad Nat, APP For the Informant :
Mr. Sanjeev Kumar Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 09-07-2025 Heard learned counsel appearing on behalf of the petitioners, learned APP appearing on behalf of the State and learned counsel appearing on behalf of the informant.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 364, 302, 201, 120B and 34 of the Indian Penal Code.
3. As per prosecution case, it is alleged that all the F.I.R. named accused persons, including these petitioners, kidnapped sister of informant and killed her in order to grab her property.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and
Patna High Court CR. MISC. No.23236 of 2025(2) dt.09-07-2025 2/3 have committed no offence. From bare perusal of the F.I.R. it is apparent that informant is not an eye-witness to the occurrence andhe has not disclosed in the F.I.R. as to how and from whom he came to know about the alleged incident or the name of the accused persons involved in the alleged occurrence. During course of investigation, no direct or indirect material has come to show complicity of these petitioners in the alleged occurrence. As a matter of fact, both these petitioners are cousin daughter-in-law of the deceased (sister of the informant) and the deceased died due to an accident and her dead body was found lying on the main road of village Shivkita (Jharkhand). The inquest report of the deceased shows the cause of death as accident. It is further submitted that similarly situated coaccused persons have already been granted the privilege of bail by this Hon'ble Court vide order dated 29.11.2024 passed in Cr. Misc. No. 29277 of 2024. Petitioners are ladies and claim clean antecedents.
5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant have vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, claim based on
Patna High Court CR. MISC. No.23236 of 2025(2) dt.09-07-2025 3/3 parity and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Bhagalpur in connection with Sanokhar P.S. Case No. 5 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T