Janki Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.59735 of 2025 Arising Out of PS. Case No.-163 Year-2025 Thana- SAHEBGANJ District- Muzaffarpur ====================================================== 1.

Janki Devi wife of Mahesh Ram R/o Villlage - Bihsunpur Patti, P.S. - Sahebganj, Dist. - Muzaffarpur.

2.

Kiran Kumari D/o of Mahesh Ram R/o Villlage - Bihsunpur Patti, P.S. - Sahebganj, Dist. - Muzaffarpur.

3.

Abhishek Kumar Son of Mahesh Ram R/o Villlage - Bihsunpur Patti, P.S. - Sahebganj, Dist. - Muzaffarpur.

4.

Anuj Kumar Son of Mahesh Ram R/o Villlage - Bihsunpur Patti, P.S. - Sahebganj, Dist. - Muzaffarpur.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Abhinav Shandilya, Advocate For the Opposite Party/s :

Mr.Parmanand Kumar, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 23-09-2025 Heard learned counsel for the parties.

2. Petitioners apprehend arrest in a case registered for the offence punishable under sections 191(2), 191(3), 190, 126(2), 109, 103(1), 303(2), 324(4), 352 and 351(2) of the Indian Penal Code.

3. As per the prosecution case, petitioner no.1, 2 and 4 assaulted on the stomach of the bhabhi of informant by legs, fists and slaps as a result of which she died.

4. It is submitted on behalf of the petitioners that these petitioners are innocent and have falsely been implicated in this case. Parties are gotia. Petitioner no. 1, 2 and 4 are

Patna High Court CR. MISC. No.59735 of 2025(3) dt.23-09-2025 2/3 alleged to have assaulted the deceased but post mortem report reveals that the deceased had sustained no injury and had died natural death and taking advantage of the situation petitioners have been implicated in this with false and concocted allegation. Petitioners claim clean antecedent.

5. Learned counsel for the State opposes the prayer for pre-arrest bail. He submits that there is specific allegation in the FIR that petitioners no. 1, 2 and 4 assaulted bhabhi of informant as a result of which she died.

6. Considering the nature of accusation, prayer for bail of petitioners no. 1, 2 and 4 is rejected.

7. So far as petitioner no.3 is concerned, it is alleged that petitioner no.3 along with co-accused Anuj Kumar assaulted mother of the informant with handle of hand pump as a result of which she sustained injuries but no injury report is on the record to substantiate the allegation. As such, prayer for bail of petitioner no.3 is allowed. In the event of arrest/surrender within eight weeks from today, let these petitioners, mentioned above, be enlarged on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of Judicial Magistrate (West) Court No.4, Muzaffarpur in Sahebganj Police Station Case No. 163 of

Patna High Court CR. MISC. No.59735 of 2025(3) dt.23-09-2025 3/3 2025, subject to the conditions laid down under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. (Prabhat Kumar Singh, J) Shashi U T