Raj Kumari Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.61827 of 2025 Arising Out of PS. Case No.-122 Year-2024 Thana- Baijnathpur District- Saharsa ====================================================== Raj Kumari Devi Wife of Shri Ramesh Paswan Village -Khajuri, Ward No 08, Ps- Baijnathpur, District -Saharsa ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Pramod Mishra, Advocate For the Opposite Party/s :
Mr. Rajendra Nath Jha, A.P.P.
For the Informant :
Mr. Binod Murari Mishra, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-11-2025 Heard learned counsel for the petitioner, informant and the State.
2. Petitioner apprehends arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 118(1), 74, 103(1), 352, 351(2)(3), 3(5) of the Bharatiya Nyaya Sanhita and Section 27 of the Arms Act.
3. As per F.I.R., this petitioner along with other named accused persons caught the husband of informant and started hitting him forcefully on the iron gate and kept hitting him till he died.
4. Learned counsel for the petitioner submits that petitioner is innocent and has committed no offence. As per F.I.R., four named and ten unknown accused persons attacked
Patna High Court CR. MISC. No.61827 of 2025(3) dt.12-11-2025 2/3 the husband of informant and killed him but informant has not alleged anything about the motive of the offence which itself raises doubt over veracity of the prosecution case. Allegation of assault is general and omnibus and there is no specific allegation of overt act against petitioner. In post-mortem report, no external injury was found on the person of deceased. Police after investigation submitted final form against this petitioner. Petitioner is lady and claims clean antecedent.
5. Learned A.P.P. for the State as well as learned counsel for the informant vehemently opposed the bail application.
6. Considering aforesaid facts and circumstances of the case 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 Chief Judicial Magistrate, Saharsa in connection with Baijnathpur P. S. Case No. 122 of 2024, subject to condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita,
Patna High Court CR. MISC. No.61827 of 2025(3) dt.12-11-2025 3/3 2023.
(Prabhat Kumar Singh, J) Navya/- U T