Manita Devi @ Ganita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.30504 of 2025 Arising Out of PS. Case No.-382 Year-2024 Thana- BACHHWARA District- Begusarai ====================================================== 1.

Manita Devi @ Ganita Devi Wife of Yugal Ray Resident of villageChamatha Ward no. 04, Ps- Bachhwara, Dist- Begusarai 2.

Sevak Ray Son of Late Rameshwar Ray Resident of village- Chamatha Ward no. 04, Ps- Bachhwara, Dist- Begusarai 3.

Indu Devi Wife of Nawal Ray Resident of village- Chamatha Ward no. 04, Ps- Bachhwara, Dist- Begusarai 4.

Anil Ray @ Anil Kumar son of Nawal Ray Resident of village- Chamatha Ward no. 04, Ps- Bachhwara, Dist- Begusarai 5.

Kajal Kumari @ Kajal Kumar Wife of Jogee Ray @ Jogee Kumar Resident of village- Chamatha Ward no. 04, Ps- Bachhwara, Dist- Begusarai 6.

Sima Kumari Wife of Dhirendra Kumar @ Dhirendra Ray @ Dharmendra Kumar @ Dharmendra Kumar Roy Resident of village- Chamatha Ward no. 04, Ps- Bachhwara, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Braj Bhusan Poddar, Adv.

For the Opposite Party/s :

Mr. Syed Mojibur Rahman, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 13-08-2025 Heard the learned Advocate for the petitioners and the learned APP for the State.

2. The petitioners apprehend their arrest in connection with Bachhwara P.S. Case No. 382 of 2024, registered for the offences punishable under Sections 87 and 3(5) of the BNS.

3. Based upon the written report, the prosecution alleges that wife of the informant has established proximity with co-accused Ashok Ray and when the panchayati was held, a

Patna High Court CR. MISC. No.30504 of 2025(3) dt.13-08-2025 2/3 bond has been instituted by Ashok Ray that he will not indulge in such activities. It is further alleged that on account of the aforenoted reason, on 24.10.2024 all the four named accused persons, assaulted the informant leading to institution of Bachhwara P.S. Case No. 370 of 2024. Notwithstanding the aforesaid fact on 30.10.2024, all the FIR named accused persons with some unknown persons, kidnapped her wife and son, Bhola Kumar, aged about five years.

4. Learned Advocate for the petitioner contended that in fact during the course of investigation, the wife of the informant was recovered and her statement was recorded under Section 183 BNSS, wherein, she has made allegation against all the family members of the husband and others that she had not allowed proper food and habitation, apart from torture at their hands. It is further contended that in fact the victim has developed relationship with co-accused Ashok Ray and only in order to get rid off her husband, such allegation has been levelled. It is also contended that now the victim has been residing with her mother and the petitioners undertake that they will fully co-operate in the investigation and in the proceeding of the Court.

5. On the other hand, learned counsel for the State

Patna High Court CR. MISC. No.30504 of 2025(3) dt.13-08-2025 3/3 opposed the pre-arrest bail application.

6. Having considered the submissions set-forth by learned Advocate for the respective parties and taking note of the materials collected during the course of investigation as also the fair antecedent of the petitioners, let the petitioners above named be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.5,000/- (five thousand) each with two sureties of the like amount each to the satisfaction of the learned C.J.M., Begusarai in connection with Bachhwara P.S. Case No. 382 of 2024, subject to the conditions laid down in Section 482(2) Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close family members of the petitioners; and in future, if any of the petitioners shall be found indulge in threatening/intimidating the victim (Mithu Kumari), she shall be at liberty to file application for cancellation of their bail bonds. (Harish Kumar, J) shivank/- U T