Daya Ram v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.32335 of 2025 Arising Out of PS. Case No.-272 Year-2023 Thana- SURYAGARHA District- Lakhisarai ====================================================== 1.
Daya Ram son of Leat Jugal Ram Village -Jakarpura PS -Surajgarh, DistLakhisarai 2.
Geeta Devi Wife of Daya Ram Village- Jakarpura, Ps- Surajgarha, DistLakhisarai ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Rabi Bhushan, Advocate For the Opposite Party/s :
Mr. Anand Kishore Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 13-08-2025 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending arrest in connection with Surajgarha P.S. Case No. 272 of 2023, dated 30.11.2024, lodged under Sections 341, 323, 307, 379, 504, 506, 354(B) of the Indian Penal Code.
3. As per the prosecution, FIR has been lodged against the present petitioners alleging that when the informant was cooking in the kitchen, the petitioners came and started abusing her. When she opposed, petitioner No. 1 assaulted the informant twice with a knife, causing injuries on neck and face. Thereafter, petitioner No. 2 snatched Rs. 15,000/- from the box.
Patna High Court CR. MISC. No.32335 of 2025(3) dt.13-08-2025 2/3
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. He further submits that from the contents of the FIR, it is crystal clear that the bhabhi has filed the case against her brother-inlaw (devar) and sister-in-law (devrani). He further submits that the allegation against the devar is that he attacked her twice with a knife, causing injuries. He also submits that a land dispute between the brothers has been admitted. Furthermore, he submits that the criminal antecedents of the petitioners are clean.
5. Learned APP for the State opposes the prayer for bail of the petitioners and submits that there is a specific allegation against petitioner No. 1 that he attacked the informant with a knife.
6. As such, in the present facts and circumstances of this case, let the petitioner No. 2, namely, Geeta Devi 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 BNSS, 2023 to the satisfaction of Chief Judicial Magistrate, Lakhisarai, in connection with Surajgarha P.S. Case No. 272 of 2023, subject
Patna High Court CR. MISC. No.32335 of 2025(3) dt.13-08-2025 3/3 to the conditions as laid down U/s 482(2) of the BNSS, 2023.
7. So far as the bail application of the petitioner No. 1, namely, Daya Ram is concerned, his bail application is hereby rejected, with a liberty that in case, the petitioner No. 1 surrenders within four weeks before the Trial Court, then the Trial Court is directed to pass order on his surrender-cum-bail application on the same day without being prejudice that the anticipatory bail of the petitioner No. 1 has been rejected by this Court and the Trial Court shall pass order on the merit of this case.
(Dr. Anshuman, J.) Aman Kumar/- U T