Chandula Devi @ Chanda Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.63933 of 2025 Arising Out of PS. Case No.-159 Year-2025 Thana- ALOULI District- Khagaria ====================================================== Chandula Devi @ Chanda Devi W/O Dholan Yadav R/O Village- Hathwan, Ward no. 13, P.S.- Alauli, Distt.- Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Ranjeet Kumar Singh For the Opposite Party/s :
Mr.Abhay Kumar Roy ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 23-09-2025
1. Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail in anticipation of her arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 190, 109 of the B.N.S. and Sections 25(1-B)(a),26,27 of the Arms Act and Sections 3 and 4 of the Witch Craft Act.
3. The learned counsel for the petitioner submits that the petitioner is a person with clean antecedent and is a woman and the informant alleges that earlier an occurrence was reported at village Hayavan as dispute was going on in between the petitioner and wife of Dolan Yadav along with mother of Hareram as petitioner was considered and called a witch but the dispute was settled, still Rudal and Dilkhush were hired by the
2/4 petitioner to kill Hareram. Accordingly, Rudal fired at Hareram but bullet hit Mithilesh on his right buttock. On hearing gunshot, villagers gathered and Dilkhush was apprehended and police was informed that some accused are hiding in house of petitioner from where country-made pistol, cartridges and four motorcycles were recovered.
4. The learned counsel for the petitioner submits that petitioner has been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR it would manifest that informant alleges that Rudal and Dilkhush were hired by the petitioner for killing Hareram and Rudal fired at Hareram, but then, the injury was caused to Mithilesh. It is also submitted that Rudal was taken in custody and he had approached this Court seeking regular bail by filing Cr. Misc. No.67797 of 2025 and the same was allowed by an order dated 18.09.2025 passed by a learned Coordinate Bench wherein at Para-4 it is recorded that the injury caused to Mithilesh was opined to be simple in nature caused by hard and blunt substance. The learned counsel submits that allegation of firing was belied by the injury report. It is also submitted that the said allegation was alleged only to give seriousness to the case. It is further submitted that as far as
3/4 recovery of cartridges and gun is alleged that was recovered from possession of Dilkhush as per seizure list. It is also submitted that petitioner will not abscond rather will cooperate in the investigation to prove her innocence.
5. Learned A.P.P. opposes the anticipatory bail application.
6. Considering the submissions and taking into consideration the fact that petitioner is a person with clean antecedent and is a woman, the petitioner, above-named, in the event of her arrest or surrender before the learned Court below within a period of six weeks, is directed to be released on anticipatory bail on her furnishing bail-bonds in the sum of Rs. 10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Alauli P. S. Case No.159 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.
7. The application stands allowed.
8. However, it is made clear that in the event, if any application is filed by the Investigating Officer before the learned trial Court bringing to its notice that petitioner, despite giving assurance to this Court, is not cooperating in the
4/4 investigation or is not presenting herself as and when required, the learned trial Court shall be at liberty to cancel the bail bonds of the petitioner after recording reasons.
9. Let a copy of this order be sent to the concerned Police Station through the learned trial Court. (Satyavrat Verma, J) vikash/- U T