Dharmsheela Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.38677 of 2025 Arising Out of PS. Case No.-116 Year-2025 Thana- RAHUI District- Nalanda ====================================================== 1.

Dharmsheela Devi W/O Rabindra Prasad R/O Village- Mai, P.S - Rahui, District - Nalanda.

2.

Rabindra Prasad S/O Nagina Ram R/O Village- Mai, P.S - Rahui, District - Nalanda.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Pankaj Kumar, Advocate For the Opposite Party/s :

Mr. Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 25-06-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Rahui P.S. Case No. 116 of 2025 dated 24.02.2025, instituted for the offence punishable under Sections 190, 191(2), 126(2), 115(2), 125(a), 125(b), 303(2), 109, 74 of the B.N.S.

3. The prosecution case, in short, is that, on 20.02.2025 at about 08:30 pm, all the accused persons including the petitioners came at the house of the informant and assaulted her and snatched her jewellery and Rs. 5,000/-. When the husband of the informant came to save her then he was also assaulted by accused persons due to which he sustained

Patna High Court CR. MISC. No.38677 of 2025(2) dt.25-06-2025 2/3 grievous injury.

4. Learned counsel for the petitioners submits that the petitioners are innocent and they have been falsely implicated in this case. It is further submitted that petitioners are in-laws of the informant. It is further stated that the FIR has been lodged against six named accused persons including the petitioner. It is next submitted that there is no specific allegation against the petitioner rather the same is general and omnibus in nature. This case has been lodged due to dispute regarding partition of ancestral properties in the joint Hindu family. It is further stated that both the petitioners are advanced aged persons. Lastly, it has been submitted that the petitioners have no criminal antecedents.

5. Learned A.P.P. vehemently opposed the prayer for bail of the petitioner and submitted that all the accused persons assaulted the husband of informant due to which he sustained grievous injury.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest / surrender of the petitioner within a period of six weeks from today, in connection with Rahui P.S. Case No. 116 of 2025, they shall be released on anticipatory bail upon

Patna High Court CR. MISC. No.38677 of 2025(2) dt.25-06-2025 3/3 furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned A.C.J.M. III, Nalanda at Bihar Sharif, subject to condition as laid down under Section 482(2) of the B.N.S.S. (Khatim Reza, J) Sankalp/- U T