Rina Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.36599 of 2025 Arising Out of PS. Case No.-76 Year-2024 Thana- LADAIYATAR District- Munger ====================================================== 1.
Rina Devi W/O Manoj Yadav Resident of village- Laraiya Tanrh, Police Station- Dharhara, district- Munger 2.
Prince Kumar S/O Manoj Yadav Resident of village- Laraiya Tanrh, Police Station- Dharhara, district- Munger 3.
Shibnandan Prasad Yadav @ Shibnandan Yadav @ Shivnandan Yadav S/O Late Mishri Prasad Yadav Resident of village- Laraiya Tanrh, Police StationDharhara, district- Munger ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajit Kumar Singh, Advocate For the Opposite Party/s :
Mr. Sunil Kumar Pandey, A.P.P ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 18-06-2025 Heard Learned counsel for the petitioners and Learned APP for the State.
2. Learned counsel for the petitioners submits that during pendency of the bail application, petitioner no.3 has been arrested, therefore, his bail application has become infructuous. As such, counsel is not pressing the bail application of petitioner no.3.
3. The petitioner nos.1 & 2 are apprehending arrest in connection with Laraiya Tanrh P.S. Case No. 76 of 2024 lodged on 13.09.2024, for the offence punishable under Sections 126(2), 127(2), 115(2), 76, 109, 303(2), 352, 351(2) & 3(5) of
Patna High Court CR. MISC. No.36599 of 2025(2) dt.18-06-2025 2/3 the Bharatiya Nyaya Sanhita, 2023.
4. As per the prosecution, FIR has been lodged against six named accused persons including petitioner nos.1 and 2. The allegation against the petitioner no.2 in the FIR is that he has inserted rod in the mouth of the informant due to which he sustained injury and allegation against the petitioner no.1 is that she has snatched golden chain from the informant's wife.
5. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel submits that the informant and petitioners are resident of same village and they are well known to each other. Counsel submits that for the same date and place of occurrence, there is a case and counter case i.e. one case has been lodged from the petitioners' side bearing Laraiya Tanrh P.S. Case No. 75 of 2024 and the present case has been lodged from the informant's side bearing Laraiya Tanrh P.S. Case No. 76 of 2024. Counsel further submits that petitioner no.1 is the victim in this case as she has received injury from the attack made by the informant's side and the present case has been filed only with a view to save the skin from the case which has been lodged by the petitioner's side. Counsel further submits that petitioner nos.1 & 2 have no criminal antecedent.
Patna High Court CR. MISC. No.36599 of 2025(2) dt.18-06-2025 3/3
6. Learned APP for the State opposes the prayer for bail of the petitioner nos.1 & 2 but submits that for the same date and place of occurrence, there is a case and counter case.
7. As such, in the present facts and circumstances of this case, let the petitioner no.1 namely, Rina Devi and petitioner no.2 namely, Prince Kumar 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) each as mentioned in Section 2(1)(d) of the Bharatiya Nagarik Suraksha Sanhita, 2023 to the satisfaction of Judicial Magistrate 1st Class, Munger, in connection with Laraiya Tanrh P.S. Case No. 76 of 2024, subject to the conditions as laid down U/s 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
8. Accordingly, this bail application is hereby disposed off.
(Dr. Anshuman, J) Divyansh/- U T