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Patna High CourtCR. MISC./36325/2026allowed

Anita Kumari @ Anita Devi v. The State Of Bihar

2026-06-03Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36325 of 2026 Arising Out of PS. Case No.-12 Year-2026 Thana- BARABAR TOURIST District- Jehanabad ====================================================== Anita Kumari @ Anita Devi W/o Bimlesh Kumar @ Bhim Yadav Resident of Village- Kajipur Tola, Hemant Bigha, PS- Belaganj, District- Gaya Ji ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Adv.

For the Opposite Party/s :

Mr. Md. Iftekhar Mahmood, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 03-06-2026 Heard Mr. Ajay Kumar Sinha, learned Advocate for the petitioner and Mr. Md. Iftekhar Mahmood, learned Additional Public Prosecution for the State through virtual mode.

2. The petitioner apprehends her arrest in connection with Barabar Tourism P.S. Case No. 12 of 2026, registered for the offences punishable under Sections 126(2), 115(2), 117(2), 352, 109(i), 132, 303(2), 3(5) of the B.N.S.

3. While the informant, who happens to be A.S.I., was engaged in vehicle checking, in the meantime, when he intercepted the riders of a motorcycle, they did not stop for checking and tried to flee away. On chase, when they were apprehended, they disclosed their names as Bhim Yadav and Anita Devi (the present petitioner). When the informant asked to

Patna High Court CR. MISC. No.36325 of 2026(2) dt.03-06-2026 2/3 produce the documents of the vehicle, they started abusing him and called 5-6 unknown persons. All the accused persons, including the petitioner, thereupon, brutally assaulted the informant with feast and slap and also snatched the service pistol with live cartridges and fled away along with the motorcycle.

4. Learned Advocate for the petitioner submitted that the entire allegation is revolving around co-accused Bhim Yadav, who happens to be the husband of the petitioner and 5-6 unknown persons; since, the petitioner was the pillion rider and going along with her husband, her name has been implicated in this case without there being any specific overt act. The petitioner is a woman having fair antecedent and she undertakes that she will fully cooperate in the proceeding of the court. So far the the motorcycle is concerned, it was duly purchased in her name and to support the aforesaid contention, the photo copy of the owner book has been placed on record.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submits that the petitioner has deterred the informant in discharging his official duty and the accused persons have also snatched the service pistol and thrashed the informant, who happens to be A.S.I.

Patna High Court CR. MISC. No.36325 of 2026(2) dt.03-06-2026 3/3

6. Having considered the submissions advanced by the learned Advocates for the respective parties and taking note of the fact that the petitioner is a woman having fair antecedent and it has been disclosed in paragraph no. 5 that she is a pregnant lady, this Court is inclined to grant anticipatory bail to the petitioner, let the petitioner above named be released on bail, in the event of her arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned J.M. 1st Class, Jehanabad in connection with Barabar Tourism P.S. Case No. 12 of 2026, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023, with the further condition that one of the bailors shall be the own/close family members of the petitioner.

(Harish Kumar, J) sadique/- U T