Sobha Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.51684 of 2025 Arising Out of PS. Case No.-98 Year-2025 Thana- NAVINAGAR District- Aurangabad ====================================================== 1.
Sobha Devi W/o- Ranvijay Singh Village- Maigra Ps- Nabinagar DistAurangabad 2.
Sushma Devi W/o- Nand Kishor Singh Village- Maigra Ps- Nabinagar DistAurangabad ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Santosh Kumar Pandey, Advocate For the Opposite Party/s :
Mr.Jharkhandi Upadhyay, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY ORAL ORDER 11-08-2025 Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. Petitioners apprehend their arrest in connection with Nabinagar P.S. Case No. 98 of 2025 registered for the offences under Sections 191(2), 190, 126(2), 115(2), 109, 352 of the B.N.S.
3. As per the prosecution case, the informant filed a complaint with Nabinagar Police Station alleging that her husband and two sons (Manish Kumar and Deepu Kumar) were confronted by several villagers including Ramdhani Singh, Ranvijay Singh, Sobha Devi (petitioner no. 1), Gautam Kumar, Nandkishor Singh, Sushma Devi (petitioner no. 2), and Santosh
2/4 Singh. The group questioned why they were building a house and became abusive. Ranvijay Singh attacked her husband with a rod, knocking him down. When she tried to intervene, his wife attacked her with a lathi. Subsequently, multiple attackers including Gautam Kumar, Ranvijay Singh, Nand Kishor Singh, Santosh Singh and ten unknown persons assaulted her sons with sharp weapons, severely injuring them and threatening to kill them.
4. Learned counsel for the petitioners submit that from mere reading of the FIR, it is evident that the allegations are general and omnibus in nature. Further submission is that as per the injury report contained in Annexure 'P/2' it appears that the injury sustained by Nirmala Devi is simple in nature while the injury with regard to others is reserved. Petitioners have no criminal antecedent.
5. Learned APP for the State has opposed the prayer for anticipatory bail.
6. Considering the facts and circumstances of the case and the submissions advanced on behalf of the parties, let the petitioners above named be released on anticipatory bail, in the event of arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail
3/4 bonds of Rs.10,000/-(ten thousand) each with two sureties of the like amount each to the satisfaction of the learned Court below where the case is pending/successor court in connection with Nabinagar P.S. Case No. 98 of 2025 , subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure read with corresponding Section 482(2) of B.N.S.S. as well as subject to the following conditions:- (i) One of the bailors of the petitioners shall be their close relative.
(ii) The petitioners shall remain physically present in Court on each date of the trial.
(iii) In case of absence on two consecutive dates, or in violation of the terms of the bail, the bail bond of the petitioner will be liable to be cancelled by the Court concerned. (iv) If the petitioners are found involved in similar nature of offence in future, the prosecution shall be at liberty to move for cancellation of their bail bond.
(v) The learned Court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of
4/4 the above-mentioned order shall not be delayed for purpose of or in the name of verification.
7. Accordingly, the prayer for bail is allowed. (Sourendra Pandey, J) tusharika/- U T