Lakhia Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60487 of 2025 Arising Out of PS. Case No.-824 Year-2024 Thana- SAHARSA SADAR District- Saharsa ====================================================== 1.
Lakhia Devi W/O Laxman Sada Resident of village- Bhelwa, P.S. and Dist.- Saharsa, 2.
Jahuran Sada @ Johran Sada S/O Turanti Sada Resident of village- Bhelwa, P.S. and Dist.- Saharsa, ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Subesh Sharma, Advocate For the State :
Mr. Ahmad Ali, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 08-09-2025 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 191(2), 190, 126(2), 115(2), 118(1), 109 and 303(2) of the B.N.S. and Sections 3 and 4 of the Dain Act.
3. As per prosecution case, it is alleged that all the F.I.R. named accused persons, including these petitioners, assaulted informant and her family members, committed theft of cash and silver ornaments and insulted the informant by calling her Dain.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.60487 of 2025(2) dt.08-09-2025 2/3 behalf of the petitioners that petitioners are quite innocent and have committed no offence. The present case is counter-blast of Saharsa Sadar P.S. Case No. 809 of 2024 which has been lodged earlier in point of time by petitioners' side against informant and others and in retaliation, this false and concocted case has been lodged. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Doctor has opined the injuries, sustained by the injured, to be simple in nature. Petitioners claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, case and counter-case between the parties, nature of injuries sustained by the injured and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like
Patna High Court CR. MISC. No.60487 of 2025(2) dt.08-09-2025 3/3 amount each to the satisfaction of learned Chief Judicial Magistrate, Saharsa in connection with Saharsa Sadar P.S. Case No. 824 of 2024, subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T