Kanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40983 of 2025 Arising Out of PS. Case No.-361 Year-2019 Thana- MEHSI District- East Champaran ====================================================== Kanti Devi W/o Vishwanath Sahni R/o Village- Kothiya Hariram Tola Pujahi, P.S.- Mehsi, District- East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Manoj Kumar, Advocate.
For the Opposite Party/s :
Mr.Nand Kumar, APP.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 09-07-2025 Heard Mr. Manoj Kumar, learned counsel appearing on behalf of the petitioner and Mr. Nand Kumar, learned APP for the State.
2. The petitioner seeks pre-arrest bail in connection with Mehsi P.S. Case No. 361 of 2019 registered for the offence punishable under Sections 341, 323, 324, 325, 307 and 379/34 of the Indian Penal Code, but cognizance was taken under Sections 147, 341, 323, 324, 325 and 307 of the Indian Penal Code.
3. As per the allegation made in the F.I.R., the petitioner has allegedly assaulted the informant by means of Dabiya on his left leg causing cut injury.
4. Learned counsel appearing on behalf of the petitioner submitted that the petitioner had earlier moved for
Patna High Court CR. MISC. No.40983 of 2025(2) dt.09-07-2025 2/3 anticipatory bail and the same was rejected vide order dated 27.02.2020 passed in A.B.P. No. 155 of 2020 and thereafter on completion of investigation, the police has submitted final form in favour of the petitioner. Hence there was no question of apprehension. Learned District Court took cognizance vide order dated 21.08.2021. The petitioner who is an illiterate lady had no knowledge about the case. Now, her family members have informed her. Petitioner has clean antecedent.
5. Learned APP for the State has vehemently opposed the prayer for grant of pre-arrest bail to the petitioner.
6. Having considered the rival submissions made on behalf of the parties, as well as, considering the fact that the final form was submitted by the police in favour of the petitioner, hence there was no question of apprehension, but there is no information in the bail application that for what reason she had remained absconding for such a long period in spite of the fact that cognizance was taken way back in the year 2021, but I also find that the allegation of assault is on the leg which is not on the vital part of the body and the petitioner is an illiterate lady and had also entered into compromise with the informant, the petitioner, above named, is directed to be released on pre-arrest bail, in the event of her arrest or surrender
Patna High Court CR. MISC. No.40983 of 2025(2) dt.09-07-2025 3/3 before the Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of learned ACJM-VI, East Champaran, Motihari in connection with Mehsi P.S. Case No. 361 of 2019, subject to the condition as laid down under Section 438(2) of the Cr.P.C.
7. The bail application stands disposed of.
(Purnendu Singh, J) mantreshwar/- U T