Kabita Devi @ Kabita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31595 of 2026 Arising Out of PS. Case No.-51 Year-2026 Thana- KHAIRA District- Jamui ====================================================== 1.
Kabita Devi @ Kabita Kumari W/O Pramod Yadav @ Pramod Kumar Residents of Village- Nimnawada, P.S.- Khaira, District- Jamui. 2.
Sunita Devi @ Lalita Devi W/O Guddu Yadav @ Gudadi Yadav Residents of Village- Nimnawada, P.S.- Khaira, District- Jamui. 3.
Tinku Devi @ Pinku Devi W/O Doman Yadav Residents of VillageNimnawada, P.S.- Khaira, District- Jamui. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Poonam Singh, Adv.
For the Opposite Party/s :
Mr.Awadhesh Kumar Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 07-05-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners are apprehending their arrest in connection with Khaira P.S. Case No. 51 of 2026 for the offence punishable under sections 126(2), 115(2), 118(1), 117(2), 109(1), 303(2), 352, 351(2) and 3(5) of the BNS lodged on 11.02.2026 by the informant.
3. As per the prosecution case, the allegation against the petitioners is that they indulged in scuffle along with other accused persons and assaulted the informant and his family members causing injuries to them. The altercation took place for
Patna High Court CR. MISC. No.31595 of 2026(2) dt.07-05-2026 2/3 watering the fields. Accordingly, the FIR.
4. Learned counsel for the petitioners submits that both the parties are Gotias/agnates and the allegation of assault against these petitioners is in respect of one Sunita Devi and the injuries caused upon her, are found to be simple in nature and the injuries which have been found to be grievous in nature is against Guddu Yadav and Doman Yadav having been inflicted to one SanjayYadav, son of the informant. The petitioners are ladies and have got no antecedents and they have falsely been implicated in the case.
5. Learned APP opposes the prayer for anticipatory bail.
6. Considering the nature of injury being simple caused to one Sunita Devi by these petitioners and they have got clean antecedent, this Court is inclined to extend them the privilege of anticipatory bail.
7. Let the petitioners, above named, be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Chief Judicial Magistrate, Jamui in connection with aforesaid PS Case,
Patna High Court CR. MISC. No.31595 of 2026(2) dt.07-05-2026 3/3 subject to the conditions as laid down under Section 482(2) of the BNSS as well as the following conditions:- (i) one of the bailors should be the family member/relative of the petitioner(s) who shall provide official document to show his/her bona fide;
(ii) the petitioner(s) shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his/their bail bond by the Trial Court itself;
(iii) the petitioner(s) shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds; (iv) the petitioner(s) shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of his/their bail bonds.
(Ajit Kumar, J) perwez U T