Bimla Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.26949 of 2026 Arising Out of PS. Case No.-167 Year-2023 Thana- BHAIRAVSHTHAN DistrictMadhubani ====================================================== Bimla Devi W/o Shiv Shankar Paswan Resident of Village- Raiyam, P.S.- Bhairavsthan, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Baleshwar Kamat, Advocate For the Opposite Party/s :
Mr. Md. Matloob Rab, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 22-04-2026 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner is apprehending arrest in connection with Bhairavsthan P.S. Case No. 167 of 2023 (G.R. No. 2248/2023) lodged on 27.12.2023, for the offence punishable under Sections 341, 323, 324, 325, 307, 354(B), 379, 504 & 34 of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against 5 named accused persons including the present petitioner with allegation that they have assaulted the informant and his wife. Accused persons Vipin Paswan and Atal Paswan have outrage the modesty of the informant. When the informant's father came to rescue, then accused Shiv Shankar Paswan assaulted him by
Patna High Court CR. MISC. No.26949 of 2026(2) dt.22-04-2026 2/3 farsa, due to which, he sustained injury. The allegation against the petitioner is that she has snatched gold mangalsutra from the informant's wife.
4. Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence. Counsel submits that the petitioner is a female aged about 51 years. He submits that both parties are resident of the same village and they are well known to each other. Counsel submits that on petty village issue, the scuffling took place from both the sides. Counsel submits that for the alleged date of occurrence dated 15.12.2023, the petitioner's side have lodged case against the informant and other 18 persons bearing Bhairavsthan P.S. Case No. 166 of 2023. He submits that when the informant received information regarding the FIR lodged by the petitioner's side, then with a view to save the skin, they also lodged an FIR against the petitioner's side bearing Bhairavsthan P.S. Case No. 167 of 2023. Counsel submits that ornamental allegation has been lodged against the petitioner with a view to create ingredients of section 379 of the IPC. He further submits that the petitioner has clean antecedent.
5. Learned APP for the State opposes the prayer for bail of the petitioner but submits that from the record, it
Patna High Court CR. MISC. No.26949 of 2026(2) dt.22-04-2026 3/3 transpires that for the same date and place of occurrence, there are case and counter case from both the sides.
6. As such, in the present facts and circumstances of this case, let the above named petitioner be released on anticipatory bail, in the event of arrest or surrender before the Trial Court within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) as mentioned in Section 2(1)(d) of the B.N.S.S., 2023 to the satisfaction of A.C.J.M., 1st Jhanjharpur, Madhubani, in connection with Bhairavsthan P.S. Case No. 167 of 2023 (G.R. No. 2248/2023), subject to the conditions as laid down U/s 482(2) of the B.N.S.S., 2023.
(Dr. Anshuman, J) Divyansh/- U T