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Patna High CourtCR. MISC./47643/2026disposed

Amla Devi v. The State Of Bihar

2026-07-22Mr. Justice Rajiv Roy4 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.47643 of 2026 Arising Out of PS. Case No.-310 Year-2025 Thana- KUSHESHWARASTHAN DistrictDarbhanga ====================================================== 1.

Amla Devi W/o Debu Yadav R/o Village- Kevatgama, P.S.- Kuseshwar Asthan, District- Darbhanga 2.

Rahul Yadav @ Rahul Kumar S/o Debu Yadav R/o Village- Kevatgama, P.S.- Kuseshwar Asthan, District- Darbhanga 3.

Anisha Kumari @ Aman Kumari D/o Debu Yadav R/o Village- Kevatgama, P.S.- Kuseshwar Asthan, District- Darbhanga ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Maruth Nath Roy, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 22-07-2026 At the outset, on instruction, learned counsel for the petitioner seeks permission for withdrawal of the anticipatory bail application of petitioner no. 2, Rahul Yadav @ Rahul Kumar.

2. Accordingly, the anticipatory bail application for Rahul Yadav @ Rahul Kumar stands dismissed as withdrawn.

3. Heard Mr. Deepak Kumar, learned counsel for the petitioner and Mr. Bharat Bhushan representing the State.

4. The petitioners are apprehending their arrest in connection with Kusheshwar Asthan P.S. Case No. 310 of 2025 for the offence under sections 126(2), 115(2), 109(1), 352,

2/4 351(2) and 3(5) of the B.N.S. lodged on 16.10.2025 by the informant, Reshma Devi.

5. As per the prosecution story, the informant alleged that on petty dispute, the accused side firstly abused, and then, resorted to the assault. Allegation against Amla Devi is of giving rod blow while Anisha Kumari threw bricks. So far as Rahul Yadav is concerned, he gave farsa blow on the head causing injury to her. Amla Devi also assaulted her mother-in-law. This led to the F.I.R.

6. Learned counsel for the petitioners submit that main allegation is against Rahul Yadav of giving farsa blow on the head of the informant and only to exaggerate the F.I.R., omnibus allegation of assault is leveled against the two petitioners who are ladies.

7. Learned APP opposes the prayer submitting that their roles of assault also came into picture.

8. Taking into account the submissions of the parties as also that the main role of assault has been assigned to Rahul Yadav (petitioner no. 2) and these two petitioners are ladies, in that background, this Court is inclined to extend them the privilege of anticipatory bail with conditions.

9. Let the petitioner no. 1, Amla Devi and petitioner

3/4 no. 3, Anisha Kumari be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of Court concerned in connection with Kusheshwar Asthan P.S. Case No. 310 of 2025 subject to the following conditions: (i) one of the bailor should be the family member/relative of the petitioner no. 1, Amla Devi and petitioner no. 3, Anisha Kumari who shall provide official document (Aadhaar Card/Voter ID Card/Pan Card/Driving License) to show his/her bona fide;

(ii) the petitioner no. 1, Amla Devi and petitioner no. 3, Anisha Kumari shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;

(iii) the petitioner no. 1, Amla Devi and petitioner no. 3, Anisha Kumari shall be appearing before the Police Station as and when required for cooperating in the investigation; (iv) the petitioner no. 1, Amla Devi and petitioner no. 3, Anisha Kumari shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which

4/4 the State shall be at liberty to take steps for cancellation of the bail bonds;

(v) the petitioner no. 1, Amla Devi and petitioner no. 3, Anisha Kumari shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds.

(Rajiv Roy, J) sanny/- U T