← Library
Patna High CourtCR. MISC./41552/2025allowed

Tushni Devi @ Tusi Kumari @ Tushiya Devi v. The State Of Bihar

2025-07-09Mr. Justice Khatim Reza2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.41552 of 2025 Arising Out of PS. Case No.-39 Year-2025 Thana- Kasar District- Sheikhpura ====================================================== 1.

Tushni Devi @ Tusi Kumari @ Tushiya Devi, W/O Subhash Thakur, R/o Vill.- Masodha, P.S - Kasar, District - Sheikhpura 2.

Radhiya Devi @ Radhima Devi, W/O Shri Thakur, R/o Vill.- Masodha, P.S - Kasar, District - Sheikhpura 3.

Rinku Devi, W/O Gauri Thakur @ Gauri Paswan @ Anuj Thakur, R/o Vill.- Masodha, P.S - Kasar, District - Sheikhpura ... ... 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. Parmanand Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 09-07-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The petitioners apprehend arrest in connection with Kasar P.S. Case No. 39 of 2025 dated 07.04.2025 instituted for the offence punishable under Sections 126(1), 115, 76, 118(1), 303(2), 109, 352, 351(2), 3 (5) of Bhartiya Nyaya Sanhita, 2023.

3. The prosecution case, in short, is that on the alleged date of occurrence, petitioners along with other accused persons were digging the land of the informant. On protest made by the informant, they assaulted her by fists and slap. It is alleged that coaccused persons assaulted the informant and her family members by means of iron rod and lathi-danda.

Patna High Court CR. MISC. No.41552 of 2025(2) dt.09-07-2025 2/2

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 there is no specific allegation against the petitioners rather the allegation against the petitioners are general and omnibus. There is a land dispute between the parties. There is case and counter case between the parties. Counter case bearing Kasar P.S. Case No. 40 of 2025 has been lodged by the petitioners' side against the informant. Lastly, it has been submitted that petitioners have no criminal antecedents.

5. On the other hand, learned A.P.P. for the State has opposed the prayer for anticipatory bail of the petitioners.

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 petitioners within a period of six weeks from today, in connection with Kasar P.S. Case No. 39 of 2025, they will be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of the learned 1st Class, J.M., Sheikhpura subject to condition as laid down under Section 482(2) of the B.N.S.S.

(Khatim Reza, J) premchand/- U T