Suman Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.40636 of 2026 Arising Out of PS. Case No.-459 Year-2025 Thana- RAMPUR District- Gaya ====================================================== Suman Kumari W/o Nikhil Kumar R/o Mohalla- Ashok Nagar P.S.- Rampur District - Gaya ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Anil Kumar S/o Late Birendra Kumar R/o Mohalla- Ashok Nagar, P.S.- Rampur, District - Gaya ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Pushp Raj Singh, Advocate Mr. Shailendra Kumar Singh, Advocate Mr. Karu Kumar, Advocate For the Opposite Party/s :
Mr.Anita Kumari, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 06-07-2026
1. Heard learned counsel for the petitioner and learned A.P.P. for the State and learned counsel appearing on behalf of the informant, Mr. Shailendra Singh.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 324(2), 329(4), 126(2), 115(2), 318(4), 338, 336(3), 340(2), 351(2), 351(3), 3(5) of the BNS, 2023.
3. Learned counsel for the petitioner submits that petitioner has antecedent of one case and is a woman and the informant alleges that on 07.09.2025 at 05:00 PM while he was in his house when Nikhil, Vikash along with 3-4 unknown accused came and demolished his boundary wall, further Vikash
Patna High Court CR. MISC. No.40636 of 2026(2) dt.06-07-2026 2/3 disclosed that he had purchased some part of the land from Nikhil, on which the informant said that case is pending in the Court, thereafter, Nikhil with rod, petitioner with lathi and Ayush along with Bhumi with lathi assaulted him and also assaaulted his mother and brother and when people gathered they fled.
4. Learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant, it is further submitted that perusal of the allegation as alleged in the FIR, it would manifest that allegation of assault is general and omnibus in nature and there is admitted land dispute in between the parties for which a partition case is also pending in the Court of learned Sub-Judge- IV Gayaji.
5. Learned A.P.P. for the State and learned counsel appearing on behalf of the informant vehemently opposes the anticipatory bail application, but then are not in a position to rebut the submission of the learned counsel appearing on behalf of the appellant that allegation of assault is not specific and a partition suit is pending in between the party.
6. Considering the submissions and taking into consideration the fact that there is land dispute in between the parties, the petitioner, above-named, in the event of his arrest or
Patna High Court CR. MISC. No.40636 of 2026(2) dt.06-07-2026 3/3 surrender within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Rampur P.S. Case No. 459 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.
7. The application stands allowed.
(Satyavrat Verma, J) Nitesh/- U T