Gulabi Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42173 of 2026 Arising Out of PS. Case No.-191 Year-2026 Thana- LAURIA District- West Champaran ====================================================== Gulabi Devi, Wife of Munna Sah, R/o Village - Bayaspur Baklohiya, P.S. - Lauriya, Dist. - West Champaran.
... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Sarvesh Kashyap, Advocate Kumari Akanksha Rai, Advocate For the Opposite Party/s :
Mr. Yogendra Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL ORDER 06-07-2026 Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.
2. The accused/petitioner is named in the FIR and apprehending her arrest in connection with Lauriya P.S. Case No.191 of 2026 registered under Sections 126(2), 115(2), 118(1), 109(1), 117(2), 103(1), 352 read with 3(5) of the Bhartiya Nyaya Sanhita, 2023 (in short 'B.N.S.').
3. As per FIR, the informant and his family members assaulted by petitioner and other co-accused persons, causing head and bodily injuries, where after three days of the occurrence, the injured father of the informant died during the course of treatment, where occurrence is alleged to be arising out of neighbourhood dispute, as she-
Patna High Court CR. MISC. No.42173 of 2026(2) dt.06-07-2026 2/3 goat of informant entered into the premises of the petitioner and eat cooked rice.
4. It is submitted by learned counsel appearing for petitioner that it can be safely gathered from the face of FIR that the allegation of assault is not available against this petitioner and she appears implicated only for the reasons that she is the mother of main co-accused namely, Manish and Laddu against whom, the thrust of allegation qua fatal assault appears available through FIR. The petitioner is a lady of clean antecedent.
5. Learned APP opposed the prayer of bail.
6. In view of aforesaid factual submissions and by taking note of fact as prima facie allegation of physical assault is not available against this petitioner, rather against other named co-accused persons, as mentioned aforesaid, coupled with the fact that the petitioner is a lady of clean antecedent, accordingly, the petitioner, above-named, in the event of her arrest or surrender in the court below within a period of four weeks from today, is directed to be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten
Patna High Court CR. MISC. No.42173 of 2026(2) dt.06-07-2026 3/3 Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-1st, Bettiah, West Champaran in connection with Lauriya P.S. Case No.191 of 2026, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure (in short 'CrPC')/under Section 482(2) of the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short 'BNSS'). (Chandra Shekhar Jha, J.) Sanjeet/- U T