Sumitra Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40666 of 2025 Arising Out of PS. Case No.-251 Year-2019 Thana- GAYA KOTWALI District- Gaya ====================================================== 1.
Sumitra devi Wife of Late Vijay Prasad @ Vijay Prasad Verma R/o Mohalla Jhilganj New Godown Ram Janki Thakurwari Lane, P.S- Kotwali, District Gaya 2.
Soni Kumari @ Soni Verma D/o Late Vijay Prasad @ Vijay Prasad Verma R/o Mohalla Jhilganj New Godown Ram Janki Thakurwari Lane, P.SKotwali, District Gaya 3.
Moni Kumari @ Priya Kumari D/o Late Vijay Prasad @ Vijay Prasad Verma R/o Mohalla Jhilganj New Godown Ram Janki Thakurwari Lane, P.SKotwali, District Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aditya Kumar Pandey For the Opposite Party/s :
Mr. Murli Dhar ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 16-07-2025
1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail, arises out of Kotwali Police Station Case No. 251 of 2019, dated 04.06.2019, disclosing offences under Sections 341/323/379/504/34 of the Indian Penal Code.
3. The prosecution case, as per the First Information Report, is that on 04.06.2019, while the informant was at her home, Sangita Kumar i.e. petitioner no. 1 told the informant to sell her house in her favour. When refused,
Patna High Court CR. MISC. No.40666 of 2025(2) dt.16-07-2025 2/3 the petitioners, along with other accused persons, assaulted the informant by means of iron-rod due to which informant sustained head injury.
4. Learned counsel for the petitioners submits that the petitioners are lady members and have falsely been implicated in the present case due to land dispute. He next submits that injury caused to the informant is simple in nature. He further submits that the petitioners were given benefit of Section 41A of the Code of Criminal Procedure, however, after submission of charge-sheet cognizance has been taken against the petitioners.
5. Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation and the fact that petitioners were given benefit of Section 41 A of the CrPC during course of investigation and that they never misused the privilege of Section 41A of the CrPC and the petitioners are ladies, I am inclined to grant the petitioners privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioners, above named, in the event of their arrest or surrender before the Court below within four
Patna High Court CR. MISC. No.40666 of 2025(2) dt.16-07-2025 3/3 weeks, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Gaya, in connection with Kotwali Police Station Case No. 251 of 2019, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure.
(Anil Kumar Sinha, J) ashwani/- U T