Rekha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.27914 of 2025 Arising Out of PS. Case No.-414 Year-2023 Thana- KARPI District- Arwal ====================================================== 1.
Rekha Devi W/O Sanjay Singh @ Sanjay Yadav Resident of village- Budha Bigha, P.S- Karpi, Distt.- Arwal.
2.
Sanjay Singh @ Sanjay Yadav S/O Ramashis Singh @ Ramashish Yadav Resident of village- Budha Bigha, P.S- Karpi, Distt.- Arwal. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ramakant Singh For the Opposite Party/s :
Mr. Rajiv Nayan ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 07-05-2025
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 341, 323, 325, 307, 448, 504 and 34 of the Indian Penal Code.
3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no. 1 is a woman and the informant alleges that Rekha tried to steal his bamboo, on objection both petitioners assaulted the husband of the informant by lathi and danda causing injury, further Sanjay assaulted repeatedly on head of her husband.
4. Learned counsel for the petitioners submits that
Patna High Court CR. MISC. No.27914 of 2025(2) dt.07-05-2025 2/3 petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from side of the petitioners, Karpi P.S. Case No. 409 of 2023 has been instituted against the side of the informant. It is also submitted that petitioner no. 2 is own brother of the husband of the informant and petitioner no. 1 is wife of petitioner no. 2. It is further submitted that from perusal of the allegation as alleged in the F.I.R., it would manifest that the same gives an impression that the petitioners were trying to steal the bamboo of the informant, on account of which the occurrence took place but then the reality is that petitioner no. 2 is own brother of the husband of the informant and are having dispute relating to property, as such, an altercation had taken place in which both sides assaulted each other.
5. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners and submits that there is specific allegation against petitioner no. 2 of assaulting the husband of the informant repeatedly by lathi and the injury report is not on record.
6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their arrest or surrender before the learned trial court
Patna High Court CR. MISC. No.27914 of 2025(2) dt.07-05-2025 3/3 within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Karpi P.S. Case No. 414 of 2023 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C.
7. However, it is made clear that the learned Trial Court before accepting the bail bonds of the petitioner no. 2 shall verify the injury report of the husband of the informant and in the event if it is found that the husband of the informant suffered grievous injury on head, in that event the present order shall not be given effect to in favour of petitioner no. 2. (Satyavrat Verma, J) Rishabh/- U T