Priyanka Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.57841 of 2025 Arising Out of PS. Case No.-81 Year-2025 Thana- MANJHI District- Saran ====================================================== 1.
Priyanka Devi W/o Vashistha Thakur Village- Manjhi Miyapatti, P.S.- Manjhi, District- Saran 2.
Santosh Thakur S/o Kedar Thakur Village- Manjhi Miyapatti, P.S.- Manjhi, District- Saran 3.
Tuntun Thakur S/o Kedar Thakur Village- Manjhi Miyapatti, P.S.- Manjhi, District- Saran ... ... Petitioner/s
Versus
The State of Bihar . ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Harish Kumar, Adv.
For the Opposite Party/s :
Mr. Murli Dhar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER 27-08-2025 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Manjhi P.S. Case No. 81 of 2025 instituted under Sections 109, 115(2), 126(2), 76, 3(5) of the BNS lodged on 11.03.2025 by the informant.
3. As per the prosecution story, the informant alleged that on 08.03.2025, the FIR named accused persons, namely, Bashishtha Thakur, Santosh Thakur came in an inebriated condition and started abusing her and Bashishtha Thakur assaulted her by means of Farsa. It has further been alleged that petitioner no.3, Tuntun Thakur also assaulted her by means of rod and he also tried to outrage her prestige. When her husband came to rescue her, he was also brutally assaulted by the
Patna High Court CR. MISC. No.57841 of 2025(2) dt.27-08-2025 2/3 accused persons. Accordingly, the FIR.
4. Learned counsel for the petitioners submits that the petitioners have falsely been implicated in this case and they have not committed any offence as alleged. Both the parties are agnates and the allegation of assault is against Bashishtha Thakur who is said to have given Farsa blow. So far these petitioners are concerned, the allegation against them is ornamental in nature. Further allegation of snatching her jitia is a cooked up story for the purpose of implicating these petitioners, and there is no allegation of any overt-act at their end which would go to show that these petitioners were involved in the commission of crime in any manner.
5. Learned APP opposes the prayer submitting that the injuries sustained by the informant are grievous in nature. Hence, the petitioners do not deserve privilege of anticipatory bail.
6. Taking into account the submissions of the parties and considering the fact that there is direct allegation of having used Farsa, a sharp edged weapon causing injury to the informant is against Bashishtha Thakur and not against these petitioners and they do not have any criminal antecedent, this Court is inclined to extend them the privilege of anticipatory
Patna High Court CR. MISC. No.57841 of 2025(2) dt.27-08-2025 3/3 bail.
7. Let the petitioners, named above, be released on bail, in the event of their arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with aforesaid P.S. Case to the satisfaction of learned A.C.J.M-4, Saran at Chapra subject to the conditions as laid down under Section 482(2) of the BNSS, 2023 as well as the following conditions:- (i) one of the bailors should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioner shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of his bail bond by the Trial Court itself;
(iii) the petitioner shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds.
(Ajit Kumar, J) perwez U T