Shoshila Devi @ Shusila Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 42387 of 2026 Arising Out of PS. Case No.-25 Year-2026 Thana- KUNDWACHAINPUR District- East Champaran ====================================================== 1.
Shoshila Devi @ Shusila Devi Wife of Binda Rai R/V- Jagirahan Barwa Khurd, PS- Kundwa Cainpur, Dist -East Champaran 2.
Rina Devi Wife of Arjun Kumar R/V- Jagirahan Barwa Khurd, PS- Kundwa Cainpur, Dist -East Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Aditya Raj Singh, Advocate For the Opposite Party/s :
Mr. Pradeep Narain Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 08-07-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The petitioners who apprehend arrest in connection with Kundwa Chainpur P.S. Case No. 25 of 2026 lodged on 18.01.2026, for the offences punishable under sections 126(2), 115(2), 118(1), 329(4), 326(g), 117(2), 352, 109(1), 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. As per the prosecution, the F.I.R. has been lodged against seven named accused persons along with 10 to 12 unknown accused persons with allegation that they have attacked at the house of the informant. It is further alleged that the accused persons armed with deadly weapons, assaulted the
Patna High Court CR. MISC. No. 42387 of 2026(2) dt.08-07-2026 2/3 informant and his family members causing injuries, looted cash and jewellery and set the house on fire.
4. Learned counsel for the petitioners submits that the petitioners are innocent and have committed no offence and have falsely been implicated due to village enmity and land dispute. It is further submitted that the allegations against the petitioners are general and omnibus in nature and no specific overt act has been attributed to them. The petitioners have no criminal antecedent and nothing has been recovered from their conscious possession. Learned counsel further submits that the name of the petitioners being wife of the co-accused, have been inserted in this case only with a view to create pressure. He submits that FIR has been lodged with a delay of about three days.
5. Learned counsel for the informant opposes the prayer for bail and submits that there is no delay in lodging the FIR. He further submits that the fardbeyan was produced before the concerned Police Station on the same day of the occurrence, but it is the police who have registered the FIR with delay of three days. Moreover, the petitioners are member of mob.
6. Considering that the petitioners being wives of coaccused persons against whom there is allegation of assault and
Patna High Court CR. MISC. No. 42387 of 2026(2) dt.08-07-2026 3/3 there is no specific allegation against the petitioners in the FIR, let the above named petitioners be released on bail, in the event of arrest or surrender before the Trial Court within a period of four weeks from today, on furnishing bail bond of ₹30000/- (thirty thousand) each as mentioned in Section 2(1) (d) of the Bharatiya Nagrik Suraksha Sanhita, 2023 to the satisfaction of the learned S.D.J.M., East Champaran, Motihari, in connection with Kundwa Chainpur P.S. Case No. 25 of 2026, subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagrik Suraksha Sanhita, 2023.
(Dr. Anshuman, J) Manshi/Ashwini U T