Mausam Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.41912 of 2025 Arising Out of PS. Case No.-146 Year-2025 Thana- DALSINGHSARAI District- Samastipur ====================================================== Mausam Kumari D/o- Dilip Jha @ Dilip Kumar Jha, W/o- Poras Kumar, Resident of Village - Chaklokman , Police Station - Dalsingsarai , District - Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Mahendra Pratap, Advocate For the Opposite Party/s :
Ms.Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 18-07-2025
1. Heard learned counsel for the parties.
2. The petitioner has preferred this application for grant of anticipatory bail apprehending her arrest in connection with Dalsingsarai P.S. Case no. 146 of 2025, registered under sections 126, 115(2), 263, 132, 121(1), 76, 352, 351(2), 351(3) and 3(5) of the Bhartiya Nyaya Sanhita, 2023.
3. As per the prosecution case, the informant states that having received information about one Manoranjan Jha, an accused in Dalsingsarai P.S Case no.373 of 2024 having concealed himself in the house, a raid was conducted. It is stated that inspite of repeated request, the door of the house was not opened by the sister and mother of the above named accused. The sister of the accused Manoranjan Jha is also said to have
Patna High Court CR. MISC. No.41912 of 2025(2) dt.18-07-2025 2/3 called relative of hers, who is a RPF Inspector, who is said to have instructed not to open the door. Threats were also given that the police personnel would be implicated in a false case of rape. Inspite of the resistance and misbehavior by the lady members, it is stated that the door was opened and Manoranjan Jha was taken into custody. The police personnel were assaulted and they sustained injuries. It is further stated that the elder sister of Manoranjan Jha ie the petitioner herein and two others managed to escape.
4. Learned counsel for the petitioner submits that the petitioner who happens to be the sister of Manoranjan Jha has been falsely implicated in the case. In fact, she was not even present in town. Further the allegations levelled in the FIR are unbelievable in so far as in a raid being conducted by so many police personnel, a lady could manage to escape. The petitioner who has no criminal antecedent undertakes to cooperate in the investigation/trial.
5. The application for anticipatory bail is opposed by learned A.P.P. for the State.
6. Having heard learned counsel for the parties and taking into consideration the nature of allegation against the petitioner who happens to be a lady, her not having been
Patna High Court CR. MISC. No.41912 of 2025(2) dt.18-07-2025 3/3 arrested at the spot and especially the petitioner not having any criminal antecedent, it is directed that the petitioner above named, in the event of her arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Dalsingsarai P.S. Case no. 146 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Additional Chief Judicial Magistrate-I, Dalsingsarai, Samastipur.
(Partha Sarthy, J) Shiv/- U T