Asmita Kumari v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.59516 of 2025 Arising Out of PS. Case No.-266 Year-2024 Thana- BIBHUTIPUR District- Samastipur ====================================================== Asmita Kumari D/o Vijay Sahni @ Bijay Sahani R/o Village- Belsandi Dih, P.S.- Bibhutipur, District- Samastipur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Arun Kumar Sinha, Advocate For the Opposite Party/s :
Mr. Ram Sevak Choudhary, A.P.P.
====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 03-09-2025 Heard learned counsel for the petitioner and the State.
2. Petitioner apprehends arrest in a case registered for the offence punishable under Section 103(1) of the Bharatiya Nyaya Sanhita.
3. As per prosecution case, on 20.08.2024 at 9 AM, son of the informant went to Muzaffarpur for some work and at about 2:30 PM, informant received information that his dead body is lying behind the house of Bhola Sahni. Informant alleged that some unknown culprits committed murder of his son.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. Petitioner is not named in the F.I.R. and her name transpired during course
Patna High Court CR. MISC. No.59516 of 2025(2) dt.03-09-2025 2/3 of investigation. Only material that has come during course of investigation is that this petitioner had illicit relation with the deceased. It is further submitted that similarly situated coaccused, namely, Saroj Sahni and Usha Devi have already been granted regular bail by co-ordinate Bench of this Hon'ble Court vide orders dated 04.08.2025 and 06.05.2025 passed in Cr. Misc. No. 19548 of 2025 and Cr. Misc. No. 6779 of 2025 respectively. Petitioner is lady and claims clean antecedent.
5. Learned A.P.P. for the State vehemently opposed the bail application.
6. Considering the backdrop of the case, nature of accusation and clean antecedent, this anticipatory bail is allowed and it is ordered that let the above named petitioner in the event of her arrest/surrender before the court below within a period of eight weeks from today, be enlarged on bail on furnishing bailbond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate (ACJM 1st), Rosera at Samastipur in connection with Bibhutipur P. S. Case No. 266 of 2024, subject to condition as laid down under Section 482 (2) of the Bharatiya
Patna High Court CR. MISC. No.59516 of 2025(2) dt.03-09-2025 3/3 Nagarik Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J) Navya/- U T