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Patna High CourtCR. MISC./43869/2025bail granted

Sushma Devi @ Sushma Kumari v. The State Of Bihar

2025-11-04Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.43869 of 2025 Arising Out of PS. Case No.-2 Year-2025 Thana- AKHODHIGOLA District- Rohtas ====================================================== Sushma Devi @ Sushma Kumari S/o Dinesh Prasad Yadav, W/o Jay Prakash Kumar R/o Village- Janta Bigha, P.S.- Akodhigola (Rohtas), Distt- Rohtas at Sasaram ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner :

Ms. Swati Parmar, Advocate For the State :

Mr. Nirmal Kumar Sinha, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 04-11-2025 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.

2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 117(2), 109 and 103 of the B.N.S..

3. As per prosecution case, it is alleged that on 01.01.2025 at about 5 PM, all the F.I.R. named accused persons, including this petitioner, armed with lathi, danda and iron rod, came to the house of informant and started abusing wife of informant. Upon objection, all the F.I.R. named accused persons, including this petitioner, assaulted informant and his family members as a result of which they sustained injuries and during course of treatment, wife of informant died.

Patna High Court CR. MISC. No.43869 of 2025(3) dt.04-11-2025 2/3

4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. As a matter of fact, on account of petty dispute over drainage of water, simple scuffle took place between the parties. From bare perusal of the F.I.R. it is apparent that specific accusation of assaulting wife of informant is against other co-accused persons. So far as this petitioner is concerned, no specific accusation of overt act has been alleged against her. Petitioner is a lady and claims clean antecedents.

5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.

6. Considering the facts and circumstances of the case, general and omnibus nature of accusation and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.

7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned S.D.J.M., Dehri, Rohtas in connection with Akorhigola P.S. Case No. 02 of 2025, subject to

Patna High Court CR. MISC. No.43869 of 2025(3) dt.04-11-2025 3/3 condition as laid down under Section 482(2) of the B.N.S.S.. (Prabhat Kumar Singh, J) shashank/- U T