Puniya Devi @ Poonam Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.64695 of 2025 Arising Out of PS. Case No.-517 Year-2024 Thana- PALIGANJ District- Patna ====================================================== 1.

Puniya Devi @ Poonam Devi W/o Siya Vallam Paswan Resident of VillageIzarata, P.S-Paliganj, Dist-Patna 2.

Santosh Paswan @ Santosh Kumar S/o Siya Vallam Paswan Resident of Village-Izarata, P.S-Paliganj, Dist-Patna 3.

Raju Paswan @ Raju Kumar S/o Siya Vallam Paswan Resident of VillageIzarata, P.S-Paliganj, Dist-Patna 4.

Siya Vallam Paswan S/o Late Vaskit Paswan @ Late Bankil Paswan Resident of Village-Izarata, P.S-Paliganj, Dist-Patna 5.

Fulpanti Devi @ Fulpanti Kumari @ Fulanti Devi @ Fulmanti Devi W/o Santosh Paswan Resident of Village-Izarata, P.S-Paliganj, Dist-Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Prem Ranjan Kumar For the Opposite Party/s :

Mr.Zainul Abedin ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA ORAL ORDER 24-02-2026

1. Heard learned Counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. This application, for grant of anticipatory bail, arises out of Paliganj Police Station Case No. 517 of 2024, dated 21.12.2024, disclosing offences punishable under Sections 191(2)/191(3)/190/126/115(2)/76/109/329(4)/ 303 (2)/352/351(3) of the Bhartiya Nyaya Sanhita, 2023.

3. The prosecution case, as per the First Information Report, is that on 30.11.2024, when the daughter-in-law of the

2/4 informant returned to her home from the market, the petitioners, along with other accused persons, variously armed, entered into the house and tried to outrage her modesty and started assaulting her by means of lathi and iron rod. When the informant tried to save her, all the accused persons assaulted her by lathi, iron rod on her head and body, due to which both of her hands got fractured. When the grandson of the informant came in their rescue, the accused persons also assaulted him. The petitioner nos. 2 and 3 outraged the modesty of the grand daughter of the informant and assaulted her too.

4. Learned Counsel for the petitioner submits that the petitioners are innocent and have falsely been implicated in this case due to previous enmity and land dispute. He further submits that the allegation of assault is general and omnibus in nature. He further submits that though it has been alleged in the First Information Report that all the accused persons assaulted the daughter-in-law, grandson, grand daughter of the informant and the informant herself, but the prosecution has been able to produce on record the injury caused to the informant, which is fracture of her right arm, and that is non-vital

3/4 part of the body.

5. On the other hand, learned Additional Public Prosecutor vehemently opposes the prayer for anticipatory bail and submits that there is specific allegation against the petitioner nos. 2 and 3 of outraging the modesty of the minor grand daughter of the informant and due to the assault made by the accused persons, the informant has sustained grievous injury.

6. Regards being had to the submissions advanced on behalf of the parties and taking into consideration the fact that the petitioner nos. 1 and 5 are ladies and there is no specific allegation against them, I am inclined to grant the petitioner nos. 1 and 5 privilege of anticipatory bail.

7. This application is, accordingly, allowed.

8. Let the petitioner nos. 1 and 5, above named, in the event of their arrest or surrender before the Court below within a period of four weeks from today, be released on bail on furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Danapur, Patna, in connection with Paliganj Police Station Case No. 517 of 2024, subject to the condition

4/4 laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

9. However, considering the fact that there is specific allegation of outraging the modesty of the minor grand daughter of the informant and the informant has received grievous injury, I am not inclined to grant the petitioner nos. 2, 3 and 4 privilege of anticipatory bail. 10.This application, so far as petitioner nos. 2, 3 and 4 are concerned, is hereby dismissed.

(Anil Kumar Sinha, J.) Prabhakar Anand/- U √ T √