Fulo Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.47478 of 2025 Arising Out of PS. Case No.-147 Year-2025 Thana- DHORAIYA District- Banka ====================================================== 1.
Fulo Devi aged about 36 years, female, wife of Umakant Kapri 2.
Sobha Devi @ Shobha Devi aged about 63 years, female, wife of Ganesh Kapri 3.
Chanda Devi aged about 27 years, female, wife of Shrawan Kumar @ Shrawan Kapri 4.
Ganesh Kapri aged about 69 years, male, son of Late Bhudev Kapri. All residents of Village- Motanga, P.S.- Dhoraiya, District- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ankit Raj, Advocate For the Opposite Party/s :
Mr. Narendra Kumar Singh, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH ORAL ORDER 30-07-2025 Heard Mr. Ankit Raj, learned counsel appearing on behalf of the petitioners and Mr. Narendra Kumar Singh, learned APP for the State.
2. The petitioners seek pre-arrest bail in connection with Dhoraiya P.S. Case No. 147 of 2025 registered for the offence punishable under Sections 191 (2), 191 (3), 115 (2), 118 (1), 109 (1), 352 and 351 (1) of the B.N.S.
3. As per the allegation made in the FIR, petitioners along with other co-accused, had entered into the house of the informant and had assaulted her and her family members.
4. Learned counsel appearing on behalf of the
Patna High Court CR. MISC. No.47478 of 2025(2) dt.30-07-2025 2/3 petitioners submitted that petitioners are innocent and have falsely been implicated in the present case. General and omnibus allegation has been levelled against the petitioners and at the best, they can only be said to be member of the mob. Specific allegation of assault is against one Umakant Kapri, who had assaulted the informant and one Harikishore Kumar (son of the sister of the informant) by means of Axe causing head and nose injury. On these grounds, petitioners seek to be released on pre-arrest bail.
5. Learned APP for the State vehemently opposed the prayer for grant of pre-arrest bail.
6. Considering the rival submissions made on behalf of the parties, as well as, the fact that general and omnibus allegation has been levelled against the petitioners and at the best, they can only be said to be member of the mob. Specific allegation of assault is against one Umakant Kapri, who had assaulted the informant and one Harikishore Kumar (son of the sister of the informant) by means of Axe causing head and nose injury. I am of the opinion that petitioners have, prima facie, made out a case to be released on pre-arrest bail.
7. The petitioners, above named, are directed to be released on pre-arrest bail, in the event of their arrest or
Patna High Court CR. MISC. No.47478 of 2025(2) dt.30-07-2025 3/3 surrender before the learned District Court within a period of four weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka/ court concerned, in connection with Dhoraiya P.S. Case No. 147 of 2025, subject to the condition as laid down under Section 482(2) of the B.N.S.S.
8. The learned District Court is directed to verify the criminal antecedent of the petitioners as stated in paragraph no. 3 of the bail application. If any other case is pending against the petitioners as what has been stated in paragraph no. 3, this order will lose its force automatically. (Purnendu Singh, J) Niraj/- U T