Sunita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31019 of 2025 Arising Out of PS. Case No.-7 Year-2025 Thana- MAIRWAN District- Siwan ====================================================== 1.
Sunita Devi W/O Ram Sagar Parit @ Ram Sagar Pandit, Resident Of Village- English Noniya Tola, P.S- Mairwa, Distt.- Siwan. 2.
Neha Kumari D/O Ram Sagar Parit @ Ram Sagar Pandit, Resident Of Village- English Noniya Tola, P.S- Mairwa, Distt.- Siwan. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Tiwary, Adv.
For the Opposite Party/s :
Mr. Harendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 20-05-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners apprehend their arrest in connection with Mairwa P.S. Case No. 07 of 2025 registered for the offences punishable under Sections 126(2), 115, 109, 351, 352, 3(5) of the BNS, 2023.
3. On account of a dispute relating to non-payment of remuneration, when the informant raised his grievance, allegedly, the petitioners along with co-accused persons brutally assaulted him. It is specifically alleged that on the exhortation made by the petitioner no.1, the petitioner no.2 assaulted the informant by means of lathi due to which he sustained injuries.
Patna High Court CR. MISC. No.31019 of 2025(2) dt.20-05-2025 2/3
4. Learned counsel for the petitioners taking this Court through the FIR contended that neither the date and time of occurrence has been mentioned therein nor it has been disclosed that the petitioner no.2 has assaulted the informant over which part of his body. The petitioners are none else but the ladies and mother and sister of the co-accused Vishal Pandit against whom the allegation of non-payment of remuneration has been made. There is omnibus allegation against all the accused persons and the injury which is said to be grievous in nature has not been attributed against anyone. Learned counsel for the petitioners further contended that genesis of the occurrence is, in fact, a petty dispute resulting into some scuffle, leading to unfortunate injury. There is a counter version of the present case being Mairwa P.S. Case No.10 of 2025 lodged by the petitioners' side.
5. On the other hand, learned counsel for the State opposed the bail application.
6. Regard being had to the submissions made on behalf of the parties and considering the factum of case and counter case, coupled with the fact that the petitioners are ladies having fair antecedent and the injuries are not attributed to them, let the above named petitioners, be released on bail, in the
Patna High Court CR. MISC. No.31019 of 2025(2) dt.20-05-2025 3/3 event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Siwan in connection with Mairwa P.S. Case No. 07 of 2025, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) rohit/- U T