Sona Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.33938 of 2025 Arising Out of PS. Case No.-545 Year-2024 Thana- MASHRAK District- Saran ====================================================== Sona Devi W/o Bhuneshwar Ray R/o Village- Masrakh Gopalbari, P.S.- Masrakh, Distt.- Saran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Dewanand Tiwari, Advocate For the Opposite Party/s :

Mr. Choubey Jawahar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioner and learned A.P.P. for the State.

2.

The petitioner apprehends his arrest in connection with Masrakh P.S. Case No. 545 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 352, 351(2), 74, 118(1), 109(1), 303(2) & 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3.

The prosecution case in short is that petitioner along with other co-accused persons attacked the wife of the informant with bad intention, teared her clothes and assaulted her. When the informant and his brother tried to intervene, they were stabbed and beaten. It is further alleged that the petitioner stabbed knife on the back of brother of the informant due to

Patna High Court CR. MISC. No.33938 of 2025(2) dt.25-06-2025 2/3 which he sustained injuries. The accused persons later assaulted his family member.

4.

Learned counsel for the petitioner submits that the petitioner is innocent and has committed no offence as alleged against him and has falsely been implicated in the present case. It is submitted that petitioner allegedly assaulted the sister of the informant by knife. There is case and counter case between the parties. No incriminating material has been recovered from the conscious possession of the petitioner. Petitioner has clean antecedent. Other co-accused has been granted regular bail by this Court vide order dated 20-03-2025, passed in Cr. Misc. No. 87257 of 2024.

5.

On the other hand, learned A.P.P. for the State has vehemently opposed the prayer for grant of bail to the petitioner. It is submitted that there is specific allegation against the petitioner, hence, she does not deserve the privilege of anticipatory bail.

6.

Considering the rival submissions made by the learned counsel for the parties as also facts and circumstances of the case, this case is fit for regular bail. Accordingly, prayer for grant of anticipatory bail to the petitioner is rejected. 7.

However, if the petitioner surrenders before the

Patna High Court CR. MISC. No.33938 of 2025(2) dt.25-06-2025 3/3 court below within a period of four weeks from today and prays for regular bail, the same would be considered by the court below in accordance with law without being prejudiced by the order of this Court.

(Rudra Prakash Mishra, J) Raj Kishore/- U T