Fulmani Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38918 of 2025 Arising Out of PS. Case No.-552 Year-2024 Thana- AMARPUR District- Banka ====================================================== 1.
Fulmani Devi W/o Binay Singh @ Binay Kumar Singh @ Vinay Kumar, Resident of Village- Bikhanpur, P.S- Amarpur, Dist.- Banka. 2.
Binay Singh @ Binay Kumar Singh @ Vinay Kumar S/o Sachida Nand Singh, Resident of Village- Bikhanpur, P.S- Amarpur, Dist- Banka. ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Praveen Kumar, Advocate For the Opposite Party :
Mr. Tarkeshwar Nath Thakur, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-07-2025 Heard Mr. Praveen Kumar, learned counsel appearing on behalf of the petitioners and Mr. Tarkeshwar Nath Thakur, learned Additional Public Prosecutor appearing on behalf of the State.
2. The petitioners apprehend their arrest in connection with Amarpur P.S. Case No. 552 of 2024 registered under Sections 126(2), 115(2), 109(1), 303(2) and 3(5) of the BNS and under Sections 3 and 4 of Witch Practices Act.
3. As per the allegation made in the FIR, all the accused persons including the petitioners with a common intention to kill son of the informant assaulted him and in course of same petitioner no. 1 allegedly snatched golden chain of the
Patna High Court CR. MISC. No.38918 of 2025(2) dt.09-07-2025 2/3 informant and outraged her modesty.
4. Learned counsel appearing on behalf of the petitioners submitted that petitioners are neighbours of the informant and due to some enmity with the son of the petitioners, the petitioners who are mother and father of coaccused Santosh Kumar have been roped in the present criminal case. On these grounds, learned counsel seeks pre-arrest bail on behalf of the petitioners who are the mother and father of the named co-accused namely, Santosh Kumar.
5. Learned A.P.P. for the State vehemently opposed the prayer for grant of pre-arest bail.
6. Having considered the rival submission made on behalf of the parties as well as having perused the allegations made in the FIR, I find that the petitioners who are mother and father of the co-accused Santosh Kumar and general and omnibus allegations have been alleged against the petitioners, the petitioners are directed to be released on pre-arrest bail.
7. The learned District Court is directed to release the petitioner on anticipatory bail, in the event of their arrest or surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand only) each with two sureties of the like
Patna High Court CR. MISC. No.38918 of 2025(2) dt.09-07-2025 3/3 amount each, to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 552 of 2024, subject to the condition as laid down under Section 438(2)j of the Cr.P.C.
8. The learned District Court is directed to verify the criminal antecedent of the petitioners, as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners, as what has been stated in paragraph no. 3, this order will lose its force automatically.
(Purnendu Singh, J) Shahnawaz/- U T