Preeti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.37040 of 2025 Arising Out of PS. Case No.-7 Year-2025 Thana- CHEWARA District- Sheikhpura ====================================================== Preeti Devi W/o Dharamveer Singh Yadav @ Mithilesh Yadav Resident of Village- Rankar @ Rakar, P.S.- Chewara, District- Sheikhpura ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Sheo Nandan Prasad Mr. Rajnish Prasad Mrs. Sweta Burnwal For the Opposite Party/s :
Mr.Shyam Bihari Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 25-06-2025
1. Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Chewara Police Station Case No. 07 of 2025, dated 01.02.2025, disclosing offences punishable under Sections 126(2)/115(2)/117(2)/109/352/3(5) of the Bhartiya Nyaya Sanhita, 2023 and Section 37 (c) of the Bihar Prohibition and Excise Act, 2016.
3. The prosecution case, as per the First Information Report, is that in the morning of 01.02.2025, the petitioner, along with her husband, co-accused Mithilesh Yadav, came at the door of the informant and told him that their calf has damaged the wall of their house and abused the
Patna High Court CR. MISC. No.37040 of 2025(2) dt.25-06-2025 2/3 informant. It has further been alleged that on the same day, in the evening, the petitioner, along with her husband, who was in drunken condition, came at the house of the informant and the husband of the petitioner, co-accused Mithilesh Yadav, assaulted the informant and his wife by means of iron rod, due to which they sustained head injuries. The informant informed the police and the police came and took co-accused Mithilesh Yadav with him since he was in drunken condition.
4. Learned Counsel for the petitioner submits that both the parties are agnates and the petitioner has falsely been implicated in this case due to village politics. He further submits that there is case and counter case between the parties inasmuch as Chewara Police Station Case No. 06 of 2025 has been lodged by the petitioner against the informant and others. He further submits that there is general and omnibus allegation against the petitioner and the specific allegation of assault is upon co-accused Mithilesh Yadav, who has been granted regular bail by the learned District Court. He next submits that from perusal of the regular bail order of co-accused Mithilesh Yadav, it is evident that the injuries sustained by the victims are
Patna High Court CR. MISC. No.37040 of 2025(2) dt.25-06-2025 3/3 simple in nature.
5. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that both parties are agnates, there is general and omnibus allegation against the petitioner, case and counter case is also there and the injuries sustained by the victims are simple in nature, I am inclined to grant the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of her arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Exclusive Special Excise Court, Sheikhpura, in connection with Chewara Police Station Case No. 07 of 2025, subject to the condition laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √