Patna High CourtCR. MISC./48138/2025allowed

Fulkumari Devi v. The State Of Bihar

2025-09-19Mr. Justice Dr. Anshuman3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.48138 of 2025 In CRIMINAL MISCELLANEOUS No.83233 of 2024 Arising Out of PS. Case No.-250 Year-2024 Thana- MANJHAGARH District- Gopalganj ====================================================== 1.

Fulkumari Devi W/o Jojan Yadav R/o Koini Babutola, P.S.- Manjhagargh, Distt.- Gopalganj 2.

Shakuntala Kumari D/o Jojan Yadav R/o Koini Babutola, P.S.- Manjhagargh, Distt.- Gopalganj ... ... Petitioner/s

Versus

The State of Bihar 2.

Sita Devi W/O. Ramparwesh Yadav, R/O-Vill- Koini Babutola, P.S. Manjhagarh, Distt. Gopalganj, Presently Residing at Bhaisahi Tola Korari Manjagarh Dist-Gopalganj ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Deepankar Raj, Advocate For the Opposite Party/s :

Mr. Bishweshwar Ram, APP For the Informant :

Mr. Lokesh Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 19-09-2025 Heard learned Counsel for the petitioners and learned Counsel for the State.

2. Learned Counsel for the petitioners submits that the petitioners have been granted anticipatory bail vide order dated 12.05.2025, passed in Cr. Misc. No.83233 of 2024 with a condition which is as follows:

"8. It is made clear that prior to accepting the bail bond of the petitioners, the petitioners/informant are directed to produce the relevant documents of the said

Patna High Court CR. MISC. No.48138 of 2025(3) dt.19-09-2025 2/3 Complaint Case No.1251 of 2021. If, it has been found that any suppression has been made by the petitioners before this Court, then their bail bond shall not be accepted."

3. Learned Counsel for the petitioners submits that the petitioners have no knowledge about Complaint Case No.1251 of 2021. Counsel submits that suppression has not been made by the petitioners. He has attached the entire order sheets of the said complaint case.

4. Upon going through the record, it transpires to this Court that requisites for issuance of summons have not been filed by the complainant (informant of the present case). It is due to this reason, no summons were issued and no intimation has been received by the petitioners.

5. Counsel for the informant submits that since the compromise took place between the parties, it is due to this reason requisites could not be filed.

6. In the present facts and circumstances, let the order dated 12.05.2025 passed in Cr. Misc. No.83233 of 2024 is hereby modified. The Trial Court is directed to accept the bailbonds on the earlier condition. There is no need of entering into the condition laid down in paragraph-8 of the order dated 12.05.2025.

Patna High Court CR. MISC. No.48138 of 2025(3) dt.19-09-2025 3/3

7. In the light of the entire documents produced before this Court relating to the complaint, the order is hereby modified to that extent the period of surrender of four weeks shall be counted from today.

8. With the aforesaid direction, the modification application is allowed.

(Dr. Anshuman, J) Mkr./- U