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Patna High CourtCR. MISC./42482/2025bail granted

Sulekha Kumari v. The State Of Bihar

2025-07-09Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.42482 of 2025 Arising Out of PS. Case No.-27 Year-2025 Thana- EAST COLONY District- Munger ====================================================== 1.

Sulekha Kumari Daughter of Jawahar Sah VILLAGE-NAYAGAON (THAKUR BARI ROAD) P.S-EAST COLONY, DIST-MUNGER 2.

Malti Devi wife of Jawahar Sah VILLAGE-NAYAGAON (THAKUR BARI ROAD) P.S-EAST COLONY, DIST-MUNGER ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Prasoon Shekhar, Adv.

Mr. Rajesh Kumar, Adv.

For the Opposite Party/s :

Mr.Rajendra Prasad Nat, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 09-07-2025 Heard Learned Counsel for the petitioners and Learned APP for the State.

2. The present Criminal Miscellaneous Application has been filed under Section 482 of The Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as "BNSS, 2023") for grant of anticipatory bail to the petitioners who apprehend their arrest in connection with East Colony (Munger) P.S. Case No. 27 of 2025 lodged on 20.04.2025, for the offences punishable under Sections 126(2), 115, 118(1), 109, 351(1) and (2), 352 and 3(5) of the BNS, 2023.

3. As per the prosecution, FIR has been lodged against 3 named accused persons including the present petitioners

Patna High Court CR. MISC. No.42482 of 2025(2) dt.09-07-2025 2/3 against whom there is allegation that they have assaulted the informant's son and specific allegation against accused, namely, Ankit that he has assaulted by brick on head due to which injury has been caused.

4. Learned Counsel for the petitioners submits that the petitioners are innocent and have committed no offence. Counsel also submits that on petty issue, dispute has arisen between neighbourers. He further submits that informant and petitioner are well known to each other and there is general and omnibus allegation against them. He further submits that the specific allegation is against third accused who is not seeking bail before this Court.

5. Counsel further submits that for the same date and place of occurrence, there is case and counter-case lodged from both the sides. The informant has lodged case i.e., East Colony (Munger) P.S. Case No. 27 of 2025 (present case) and the petitioner has lodged case i.e., East Colony (Munger) P.S. Case No.28 of 2025.

6. Counsel submits that the criminal antecedent of the petitioners is clean.

7. Learned APP for the State opposes the prayer for bail of the petitioners, but fairly submits that both petitioners are

Patna High Court CR. MISC. No.42482 of 2025(2) dt.09-07-2025 3/3 female and there is general and omnibus allegation against them.

8. As such, in the present facts and circumstances of this case, let the above named petitioners be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of 4 weeks from today, on furnishing bail bond of Rs.30,000/- (Rupees Thirty Thousand) each as mentioned in Section 2(1)(d) of the BNSS, 2023 to the satisfaction of J.M. 1st Class, Munger, in connection with East Colony (Munger) P.S. Case No. 27 of 2025, subject to the conditions as laid down U/s 482(2) of the BNSS, 2023. (Dr. Anshuman, J.) Prakashmani/- U T