Rubi Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.34538 of 2026 Arising Out of PS. Case No.-33 Year-2026 Thana- MALI District- Aurangabad ====================================================== 1.
Rubi Kumari S/o Lakshman Mehta @ Lakshman Mehata R/o Village -Nima, P.S. - Mali, Dist. - Aurangabad(Bihar).
2.
Aarti Kumari D/o Lakshman Mehta @ Lakshman Mehata R/o Village -Nima, P.S. - Mali, Dist. - Aurangabad(Bihar). 3.
Vandana Kumari @ Bandhana @ Bandhana Kumari @ Vandhna Kumari @ Bandhna Kumari Lakshman Mehta alias Lakshman Mehata R/o Village - Nima, P.S. - Mali, Dist. - Aurangabad(Bihar). ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aman Vishal, Advocate For the Opposite Party/s :
Mr. Madhura Nand Jha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-05-2026 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Mali P.S. Case No. 33 of 2026 for the offence under sections 126(2), 191(2), 191(3), 190, 115(2), 118(1), 117(2), 103(1), 61(2) and 352 of the BNS lodged on 04.03.2026 by the informant, Gaya Kumar Mehta.
3. As per the prosecution story, the informant alleged that as his father had gone to see the agricultural land, the named accused persons, armed variously, resorted to assault. Though Varun Kumar tried to save his father, the assault led to the injury and the injured was rushed to the Sadar Hospital, Aurangabad and then to Magadh Hospital, Gaya but ultimately, he died. This led to the FIR.
4. Learned counsel for the petitioners submit that main
Patna High Court CR. MISC. No.34538 of 2026(2) dt.19-05-2026 2/3 allegation of assault, as per the statement of Varun Kumar who was trying to save the deceased and recorded in FIR, is on Lakshman Mehta and he has made a statement that it was Lakshman Mehta who assaulted with a kudal on the head of Krishna Mehta who fell on the ground and that led to his death. Though omnibus in nature, only to drag the unmarried female inmates, they have been made accused. Petitioner nos. 2 and 3 have no criminal antecedent while petitioner no. 1 has been implicated in one criminal case. The last submission is that both Lakshman Mehta and his son, Bipul Kumar are already in custody.
5. Learned APP opposes the prayer submitting that though omnibus in nature, allegation is against all the accused persons.
6. Taking into account the submissions of the parties especially, the statement of the Varun Kumar, who as per the FIR was trying to save the deceased, main assault theory is assigned to Lakshman Mehta and all the three petitioners are students and ladies, in that background, this Court is inclined to extend them the privilege of anticipatory bail with conditions.
7. Let the petitioners 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
Patna High Court CR. MISC. No.34538 of 2026(2) dt.19-05-2026 3/3 thousand) each with two sureties of like amount each to the satisfaction of learned Judicial Magistrate, First Class, Aurangabad (Bihar) in connection with Mali P.S. Case No. 33 of 2026 subject to the following conditions:
(i) one of the bailor should be the family member/relative of the petitioners who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;
(ii) the petitioners 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 their bail bond by the Trial Court itself;
(iii) the petitioners 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;
(v) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Adnan/- U T