Asha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26855 of 2025 Arising Out of PS. Case No.-446 Year-2024 Thana- PARBATTA District- Khagaria ====================================================== 1.
Asha Devi W/O Niwas Mishra Ressident of vill- Dumariya buzurg, P.s.- Parbatta , Dist-Khagaria 2.
Ruchi Kumari W/O Priyankar Chaudhary @ Priyankar Kumar Choudhary @ Priyankar Kr. Ressident of vill- Dumariya buzurg, P.s.- Parbatta , DistKhagaria ... ... Petitioner/s
Versus
The State of Bihar Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Prateek Tandon, Adv For the Opposite Party/s :
Ms.Sangeeta Sharma, APP Mr. Nishant Kumar, Adv ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 13-08-2025 1.
Heard learned counsel for the petitioners, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.
2.
The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 103(1) and 61(2) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3.
The learned counsel for the petitioners submits that petitioner No. 1 has the antecedent of four cases and petitioner No. 2 has the antecedent of three cases and are women and the informant alleges that on order of Puja accused Vikram, Rishabh and Dilkhush fired causing death of her husband.
Patna High Court CR. MISC. No.26855 of 2025(4) dt.13-08-2025 2/3 4.
The learned counsel for the petitioners next submits that from perusal of the allegation as alleged in the FIR, it would manifest that specific allegation of firing is against Vikram, Rishabh, and Dilkhush. It is also submitted no doubt petitioners have antecedent of four cases and three cases, but then the cases have been instituted against them by the side of the informant. It is further submitted that petitioners are alleged to have conspired in the occurrence. It is next submitted that all female members have been implicated only with a view to coerce Vikram, Rishabh, and Dilkhush into submission. The learned counsel further submits that petitioners will not abscond, rather will cooperate in the investigation to prove their innocence.
5.
The learned APP and the learned counsel appearing on behalf of the informant opposes the anticipatory bail application but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the petitioners that specific allegation of firing is against Vikram, Rishabh, and Dilkhush.
6.
Considering the submissions made by the learned counsel for the petitioners and also taking into consideration the fact that petitioners are women, the petitioners above-named, in
Patna High Court CR. MISC. No.26855 of 2025(4) dt.13-08-2025 3/3 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 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 Parbatta P.S. Case No. 446 of 2024, subject to the conditions as laid down under Section 482 (2) of the BNSS.
7.
However, it is made clear that in the event, if the Investigating Officer of the case files an application before the learned trial court bringing to its notice that the petitioners, despite giving assurance to this Court, are not cooperating in the investigation, in that event, the learned trial court shall be at liberty to cancel the bail bonds of the petitioners. 8.
Let a copy of this order be sent to the concerned police station through the learned Trial Court. (Satyavrat Verma, J) Sumit/- U T