Khushi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.49337 of 2025 Arising Out of PS. Case No.-107 Year-2025 Thana- MANJHI District- Saran ====================================================== 1.

KHUSHI DEVI W/O Raj Kumar Sharma Resident of Village- Manjhi Godha Par, Police Station- Manjhi, District- Saran 2.

RITA DEVI W/O MUNNA SHARMA Resident of Village- Manjhi Godha Par, Police Station- Manjhi, District- Saran 3.

GITA KUMARI D/O LAGAN SHARMA @ LAGAN DEV SHARMA Resident of Village- Manjhi Godha Par, Police Station- Manjhi, DistrictSaran ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nilendu Kumar Choudhary, Advocate For the Opposite Party/s :

Mr. Umanath Mishra, APP For the Informant :

Dr. Rajesh Kumar singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH MISHRA ORAL ORDER 14-10-2025 Heard learned counsel for the petitioners, learned APP for the State, learned counsel for the informant and perused the case diary.

2. The petitioners seek bail in connection with Manjhi P.S. Case No. 107 of 2025, instituted for the offences punishable under Sections 115(2), 109, 118(2), 126(2), 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita, 2023 and later on Section 103(2) of the Bharatiya Nyaya Sanhita, 2023 was added.

3. The prosecution case, in short, is that the petitioners along with other co-accused persons used to harass the

Patna High Court CR. MISC. No.49337 of 2025(4) dt.14-10-2025 2/3 informant and her husband to vacate their house and on 24.03.2025, the accused persons attacked them with lathi, rod and farsa injuring her daughter Reena Devi and making the informant unconscious. The informant succumbed to her injuries during treatment. It is further alleged that the accused persons also threatened them of dire consequences if they did not vacate the house.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in the present case. Charge-sheet has been submitted in this case. No incriminating material has been recovered from the conscious possession of the petitioners. Learned counsel for the petitioners also submits that the allegation levelled against the petitioners are not specific rather the same is general and omnibus in nature. No specific allegation of assault has been attributed against petitioner nos. 1 and 2 rather specific allegation of assault to Reena Devi by means of iron rod is levelled against petitioner no. 3 but the injuries found on the body of Reena Devi are simple in nature. The petitioners are in custody since 24.03.2025 and have got no criminal antecedent.

5. Learned APP for the State and learned counsel for the informant have vehemently opposed the prayer for grant of

Patna High Court CR. MISC. No.49337 of 2025(4) dt.14-10-2025 3/3 bail to the petitioners.

6. Considering the aforesaid facts and circumstances of the case and taking into account the period of custody undergone by the petitioners, this Court is inclined to grant bail to the petitioners.

7. Let the petitioners be released on bail on furnishing bail bonds of Rs. 15,000/- (Rupees Fifteen Thousand) each with two sureties of the like amount each to the satisfaction of Court below/concerned Court in connection with Manjhi P.S. Case No. 107 of 2025.

(Rudra Prakash Mishra, J) Rajorshi/- U T