Sushma Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.60957 of 2025 Arising Out of PS. Case No.-220 Year-2025 Thana- GHOSI District- Jehanabad ====================================================== 1.
Sushma Devi wife of Dinesh Yadav Resident of Village -Thikraur PS -Ghoshi Dist- Jehanabad 2.
Rekha Devi Wife of Umesh yadav Resident of Village -Thikraur PS -Ghoshi Dist- Jehanabad 3.
Arti Devi Wife of Ganesh yadav Resident of Village -Thikraur PS -Ghoshi Dist- Jehanabad 4.
Kunti Devi Daughter of Late Sakal Yadav Resident of Village -Thikraur PS -Ghoshi Dist- Jehanabad 5.
Ganesh Yadav son of Late Sakal Yadav Resident of Village -Thikraur PS -Ghoshi Dist- Jehanabad 6.
Brijesh Yadav @ Denesh Yadav son of Late Bilash Yadav Resident of Village -Thikraur PS -Ghoshi Dist- Jehanabad ... ... Petitioner/s
Versus
The State of Bihar bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amrendra Kumar Singh, Advocate For the Opposite Party/s :
Mr.Nitya Nand Tiwary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 17-12-2025 Heard Mr. Amrendra Kumar Singh, learned counsel for the petitioners and Mr. Nitya Nand Tiwary, learned APP for the State.
2. The petitioners are apprehending arrest in connection with Ghoshi P.S. Case No. 220 of 2025 instituted under Sections 126(2), 115(2), 329(3), 329(4), 109, 303(2), 352, 351(2), 3(5) of Bhartiya Nayay Sanhita, 2023 lodged on 15.05.2025 by the informant, Naresh Yadav.
2/4
3. As per the prosecution story, the informant alleged that firstly the accused persons came and started abusing them and later, upon objection, the assault took place. The allegation is that they injured Naresh Yadav, Suruchi Kumari and Bachan Yadav and though the others sustained simple injuries, one of the injury of Bachan Yadav has been found to be grievous. This led to the FIR.
4. Learned counsel for the petitioners submit that a perusal of the FIR would show that all the family members including the female inmates have been made accused despite the fact that they do not have any specific role. None have criminal antecedent, they undertake to cooperate in the investigation and diligently appear in the trial. Last submission is that irrespective of the outcome of the present case and/or accepting the allegation, the petitioners no. 5 and 6 namely Ganesh Yadav and Brijesh Yadav intend to contribute Rs.7,500/- each (totalling Rs. 15,000/-) through Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank to be submitted before the concerned Court to be handed over to the informant/injured after checking the credential.
5. Learned APP opposes the prayer submitting that though they do not have criminal antecedent, the allegation of
3/4 assault is against all of them and one of the injury has been found to be grievous.
6. Taking into account the submissions of the parties as also the fact that four petitioners are ladies, all are family members, none of them have criminal antecedent, omnibus allegation of assault is there, FIR is there, they shall be facing the trial, in that background, this Court is inclined to extend them the privilege of anticipatory bail subject to payment of Rs. 7,500/- each (totalling Rs. 15,000/-) through Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank to be submitted before the concerned Court to be handed over to the informant/injured after checking the credential.
7. Let the petitioners be released on bail, in the event of their arrest or surrender before the subordinate court within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each in connection with Ghoshi P.S. Case No. 220 of 2025 to the satisfaction of learned C.J.M., Jehanabad subject to the conditions as laid down under Section 438(2) of the Cr.P.C. as also the other conditions.
(i) one of the bailor should be the family
4/4 member/relative of the petitioners who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of their bail bonds. (Rajiv Roy, J) Ravi/- U T