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Patna High CourtCR. MISC./35100/2025partly allowed disposal

Punita Devi v. The State Of Bihar

2025-08-20Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.35100 of 2025 Arising Out of PS. Case No.-774 Year-2019 Thana- KUDHNI District- Muzaffarpur ====================================================== 1.

Punita Devi W/O Bramhanand Singh Resident Of Village- Barkurwa, PSKudhani (Turki OP), Distt-Muzffarpur,Bihar 2.

Manish Kumar Singh S/O Bramhanand Singh Resident Of VillageBarkurwa, PS- Kudhani (Turki OP), Distt-Muzffarpur,Bihar ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Nishant Kumar, Adv.

Mr.Prashant Kumar, Adv.

Mr.Shashank Shekhar, Adv.

For the Opposite Party/s :

Mr.Raj Kishor Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 20-08-2025 Heard Learned Counsel for the petitioners and Learned APP for the State.

2. The petitioners are apprehending arrest in a case registered for the offences punishable in connection with Kudhani( Turki O.P.) P.S. Case No.774 of 2019 under Sections 341, 323, 307, 379, 354, 504, 427 and 34 of the IPC.

3. As per the prosecution, the FIR has been lodged against 5 named accused persons including the petitioners with allegation that they have abused and assaulted the informant's husband due to which injury has been caused and bleeding started.

4. Learned Counsel for the petitioners submits that the

Patna High Court CR. MISC. No.35100 of 2025(3) dt.20-08-2025 2/3 petitioners are innocent and have committed no offence. He submits that the petitioners' name have been inserted in this case with malafide intention. He further submits that petitioners have been falsely implicated in this case. Both the parties are patidaar and admitted land dispute is there.

5. Counsel submits that the criminal antecedent of the petitioners is clean and petitioner No.1 is old aged lady about 57 years.

6. Learned APP for the State opposes the prayer for bail of the petitioners and submits that petitioners' antecedent are clean. He further submits that there is allegation of assault against the petitioners.

7. In the present facts and circumstances of this case and considering the age of petitioner No.1, let the petitioner Nos.1 namely, Punita 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 A.C.J.M.-1st, West Muzaffarpur in connection with Kudani P.S. Case No.774 of 2019, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023.

Patna High Court CR. MISC. No.35100 of 2025(3) dt.20-08-2025 3/3

8. So far as the petitioner No.2, namely, Manish Kumar Singh is concerned, this Court is not inclined to grant anticipatory bail to the petitioner No.2, therefore the bail application of the petitioner No.2 is hereby rejected.

9. However, trial court is directed to consider the regular bail application of the petitioner No.2, namely, Manish Kumar Singh, if he surrenders within 6 weeks from today and prays for regular bail, then trial court shall pass order without being prejudice of the present order preferably on the same day. (Dr. Anshuman, J.) Prakashmani/- U T