Sandhya Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59401 of 2025 Arising Out of PS. Case No.-43 Year-2025 Thana- Nawalpur District- West Champaran ====================================================== 1.
Sandhya Devi W/o Sri Bhoj Singh 2.
Chandan Singh S/o Sri Bhoj Singh Both R/o Village - Piparahiya, P.S - Nawalpur, District - West Champaran ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Umesh Chandra Verma, Advocate : Mr.Sharad Kumar Verma, Advocate For the Opposite Party/s :
Mr. Anil Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 09-10-2025 Learned counsel for the petitioners submits that during pendency of this anticipatory bail application the petitioner No.2, namely, Chandan Singh has been arrested, and as such, the present bail application has become infructuous. Accordingly, the learned counsel for the petitioner seeks permission to withdraw this application with respect to petitioner No.2, namely, Chandan Singh.
2. Permission is accorded.
3. Accordingly, this application stands dismissed as withdrawn with respect to petitioner No.2, namely, Chandan Singh.
4. Heard Mr.Sharad Kumar Verma, learned counsel for petitioner No.1, namely, Sandhya Devi and Mr. Anil Kumar,
2/4 learned Additional Public Prosecutor for the State.
5. The petitioner is apprehending her arrest in connection with Nawalpur P.S. Case No.43 of 2025, dated 01.04.2025 registered for the offences punishable under Sections 115(2), 118(2),126(2),117(2),109,303(2),352/3(5) of B.N.S., 2023.
6. Allegation against the petitioner is that she assaulted to the daughter of the informant, namely, Gudia Kumari by means of lathi due to which her hand was fractured.
7. Learned counsel appearing for the petitioner submits that the petitioner has clean antecedent. The allegation as alleged in the FIR is false and fabricated and the petitioner has not committed any offence as alleged in the FIR. As per allegation in the FIR the petitioner has assaulted to the daughter of the informant, namely, Gudia Kumari. Although, she has received the injury but the injury report of Gudia Kumari suggests that the injury is simple in nature caused by hard and blunt substance and there is case and counter case.
8. Learned A.P.P. for the State has vehemently opposed the prayer for anticipatory bail of the petitioner.
9. Considering the aforesaid facts, petitioner has clean antecedent, the injury inflicted upon the injured person is simple
3/4 in nature and there is case and counter case, let petitioner No.1, namely, Sandhya Devi, in the event of her arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs.10,000 (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, West Champaran at Bettiah in connection with Nawalpur P.S. Case No.
43 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023 and with other following conditions:- (I) Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the Court and shall remain physically present as directed by the Court and on his/her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. (II) If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.
(III) And, further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage, it is found that the petitioner has concealed his/her
4/4 criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Nitesh/- U T