Mandavi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.58061 of 2025 Arising Out of PS. Case No.-18 Year-2025 Thana- ALAMNAGAR District- Madhepura ====================================================== 1.

Mandavi Devi W/O Suresh Paswan Resident of Bazraha, Ward No. 05, P.S.- Alamnagar, District- Madehpura.

2.

Sobhan Paswan S/O Suresh Paswan Resident of Bazraha, Ward No. 05, P.S.- Alamnagar, District- Madehpura.

3.

Krishna Paswan S/O Suresh Paswan Resident of Bazraha, Ward No. 05, P.S.- Alamnagar, District- Madehpura.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Sunil Kumar Singh, Advocate Mr. Rajive Ranjan Singh, Advocate For the Opposite Party/s :

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 30-08-2025

1. Heard learned counsel for the parties.

2. The petitioners have preferred this application for grant of anticipatory bail apprehending their arrest in connection with Alamnagar P.S. Case no.18 of 2025 (Sessions Trial no.141 of 2025) registered under sections 109, 126(2), 115(2), 352, 351(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.

3. As per the prosecution case, on a dispute over the informant protesting on Sunil Paswan walking over the memorial of his parents, it is stated that he started to abuse the informant and thereafter called the members of his family which included the three petitioners herein. It is further stated that the

Patna High Court CR. MISC. No.58061 of 2025(2) dt.30-08-2025 2/3 accused persons including the petitioners herein started to assault. Further Sunil Paswan is said to have assaulted Santosh Sahni with an iron rod on the head as a result of which he fell down unconscious. On the informant raising hulla, the accused persons ran away towards the village.

4. Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the case over a trivial dispute between the parties. It is further submitted that even accepting the allegations in the F.I.R., while the allegations against these petitioners are general and omnibus in nature, the specific allegation of assault with an iron rod is on co-accused Sunil Paswan. The petitioner no.1 is a lady. The petitioners undertake to cooperate in the investigation/trial.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Having heard learned counsel for the parties and taking into consideration the nature of allegations against the petitioners in the F.I.R., the specific allegation of assault being on co-accused Sunil Paswan and not the petitioners herein, in the facts of the case it is directed that all the petitioners above named, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released

Patna High Court CR. MISC. No.58061 of 2025(2) dt.30-08-2025 3/3 on anticipatory bail in connection with Alamnagar P.S. Case no.18 of 2025 (Sessions Trial no.141 of 2025) on each of them furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned District and Additional Sessions Judge-VIII, Madhepura.

(Partha Sarthy, J) avinash/- U T