Chandra Kala Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.50593 of 2026 Arising Out of PS. Case No.-192 Year-2025 Thana- GHOGHARDIHA District- Madhubani ====================================================== 1.
Chandra Kala Devi W/o Arun Mandal R/o vill- Chethrutol Mujiyasi, PSGhoghardiha, District- Madhubani, at present vill- Mujiyasi, P.S.- Ghoghardiha, Distt.- Madhubani 2.
Shanichari Devi @ Shanichari Kumari D/o Arun Mandal R/o vill - Chethrutol Mujiyasi, P.S.- Ghoghardiha, Distt.- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Gagan Deo yadav, Adv.
Mr. Rohit Kant Singh, Adv.
Mr. Rajesh Kumar, Adv.
For the Opposite Party/s :
Mr. Suresh Prasad Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE S. B. PD. SINGH ORAL ORDER 29-07-2026 Heard learned counsel for the petitioners and learned APP for the State.
2. The instant application for anticipatory bail has been filed by the petitioners apprehending their arrest in a case instituted for the offence punishable under Sections 115(2), 126(2), 118(1), 117(2), 109, 76, 352, 351(2), 3(5) of Bharatiya Nyaya Sanhita.
3. The prosecution case, in brief, is that the petitioners, along with co-accused Charanjit Mandal, allegedly came to the house of the informant and
2/4 surrounded her. It is alleged that, on the instigation of petitioner No. 1, co-accused Charanjit Mandal assaulted the informant with a Khanti, causing injuries to her arm and resulting in her falling to the ground. It is further alleged that the petitioners also assaulted the informant with lathis, causing a fracture to her right arm. When her son, Prince, intervened to rescue her, the accused persons allegedly surrounded him, whereupon coaccused Charanjit Mandal assaulted him with a Khanti, causing head injuries. Thereafter, it is alleged that the accused persons further assaulted him with lathis and also outraged the modesty of the informant.
4. Learned counsel appearing on behalf of the petitioners submits that the petitioners are innocent and have committed no offence. It is contended that they have been falsely implicated in the present case and that no such occurrence, as alleged by the prosecution, ever took place. According to the learned counsel, the entire prosecution story is a concocted and fabricated version
3/4 of events. It is further submitted that there is an inordinate delay of 13 days in lodging the FIR. Learned counsel further submits that the only allegation against the petitioners is that they assaulted the informant with lathis, allegedly causing a fracture to her right arm, whereas the principal allegation of assault with a Khanti is specifically attributed to co-accused Charanjit Mandal. Referring to the subsequent medical opinion of the informant, annexed as Annexure-3 to the petition, it is submitted that the informant sustained injuries on her right arm, left arm and left leg and that no injury was found on any vital part of her body. It is also submitted that there is a case and counter-case between the parties (Ghogardhia P.S. Case No. 194 of 2025). A statement has been made in para 3 of the petition that petitioners have no criminal antecedent.
5. Learned A.P.P. for the State has vehemently opposed the prayer of bail.
6. Having heard learned counsel for the parties
4/4 and in the facts and circumstances of the case as stated above, this Court is inclined to enlarge the petitioners on bail. The petitioners are directed to surrender in the Court below within a period of four weeks from the date of receipt/production of this order and in the event of their arrest or surrender in connection with Ghoghardhia P.S. Case no. 192 of 2025, they will be enlarged on bail on furnishing bail bond of Rs. 10,000/- (Rupees ten thousand) each with two sureties of the like amount each to the satisfaction of learned Judicial Magistrate, 1st Class, Jhanjharpur, subject to the conditions as laid down under section 482 of Bharatiya Nagrik Suraksha Sanhita (BNSS).
(S. B. Pd. Singh, J) Nirajkrs/- U T