Malti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.36599 of 2026 Arising Out of PS. Case No.-133 Year-2026 Thana- DANAPUR District- Patna ====================================================== Malti Devi Wife of Late Uday Kumar Yadav R/o Mohalla - Shivpuri, Nahar Par, Chitkohra, P.S.- Gardanibagh, District - Patna ... ... Petitioner

Versus

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

For the Petitioner/s :

Mr.Madhukar Anand, Advocate For the State :

Mr.Syed Ehteshamuddin, APP For the Informant :

Mr.Amarnath Kumar, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 16-06-2026 Heard learned counsel for the petitioner and learned APP for the State.

2. The accused-petitioner, named in the F.I.R., is apprehending her arrest in connection with Danapur P.S. Case No. 133 of 2026 registered for the offences punishable under Sections 126(2), 109(1) & 3(5) of the Bhartiya Nyay Sanhita, 2023 (in short, the 'B.N.S.') and section 27 of the Arms Act.

3. As per FIR, co-accused Yuvraj Kumar @ Yuvi alleged to open fire upon the informant, where it is apparent from FIR that the parties are in litigating terms for which one Title Suit is also pending.

4. Learned counsel appearing on behalf of the

Patna High Court CR. MISC. No.36599 of 2026(2) dt.16-06-2026 2/3 petitioner submitted that allegation of firing is not available against this petitioner. It is submitted that petitioner is the mother of co-accused Yuvraj Kumar @ Yuvi. It is pointed out that petitioner is the step-mother of the informant and this fact was concealed. While concluding argument, learned counsel submitted that petitioner is a lady of clean antecedent.

5. Learned A.P.P. for the State duly assisted by learned counsel appearing for the informant, while opposing the prayer for anticipatory bail of the petitioner, denied any such relationship qua step mother of the informant, as submitted aforesaid by learned counsel appearing on behalf of the petitioner.

6. In view of the aforesaid factual submissions and by taking note of the fact as FIR negate the allegation of firing against the petitioner, who is a lady of clean antecedent, accordingly, above-named petitioner, in the event of her arrest/surrender within a period of four weeks from this order, is directed to be enlarged on bail on furnishing of bail bond of Rs.10,000/- (ten thousand only) with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.36599 of 2026(2) dt.16-06-2026 3/3 of learned Additional Chief Judicial Magistrate-1st, Danapur/ concerned court in connection with Danapur P.S. Case No. 133 of 2026, subject to the conditions as laid down under Section 438(2) of the Cr.P.C/Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita (in short "B.N.S.S.").

(Chandra Shekhar Jha, J) Rajeev/- U T