Malti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41249 of 2026 Arising Out of PS. Case No.-97 Year-2026 Thana- SANGRAMPUR District- East Champaran ====================================================== 1.
Malti Devi Wife of Rajendra Singh Resident of village- Parsauna PsSangrampur, Dist- East Champara 2.
Rajendra Singh Son of Late Bir Bahadur Singh Resident of villageParsauna Ps- Sangrampur, Dist- East Champara 3.
Rajeshwar Singh son of Late Bir Bahadur Singh Resident of villageParsauna Ps- Sangrampur, Dist- East Champara ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Abhishek Kumar, Advocate For the State :
Mr. Tarun Prasad Mandal, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 06-07-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 118(1), 125(a), 109(1), 329(3), 74, 303(2), 351(2), 352 and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that all the F.I.R. named accused persons, including these petitioners, assaulted brother of informant, namely Dharmendra Singh, with lathis and sticks. When informant and other family members rushed there to intervene and rescue him, the accused persons
Patna High Court CR. MISC. No.41249 of 2026(2) dt.06-07-2026 2/3 brutally assaulted informant, his wife, namely Uma Devi, his sister-in-law, namely Babita Devi and Ranjan Kumar Singh with lathis, sticks, iron rod and wooden weapons and threw them on the ground. Kishun Kumar Singh and Rajeshwar Singh (Petitioner No. 3) assaulted on the head of wife of informant with iron rod and Kishan Kumar Singh and his mother Nilu Devi attacked on her head with farsa and axe with intention to kill her. It is further alleged that the accused persons attempted to kill sister-in-law of the informant and assaulted her badly, after which she fell on the ground. During the assault, the Mangalsutra and earrings of wife of informant and his sister-inlaw were forcibly snatched and Rajendra Singh (Petitioner No.
2) abused them with filthy language.
4. It is submitted by learned counsel appearing on behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, both parties are neighbours and due to admitted land dispute between the parties, a free fight took place in which both sides sustained injuries. There is case and counter-case. Doctor has found the injuries, allegedly caused by these petitioners, simple in nature. Rest of the allegations are ornamental in order to make the case grave.
Patna High Court CR. MISC. No.41249 of 2026(2) dt.06-07-2026 3/3
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, case and counter-case between the parties and nature of injuries allegedly caused by these petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial MagistrateF.C., East Champaran, Motihari in connection with Sangrampur P.S. Case No. 97 of 2026, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T