Sushila Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.62867 of 2025 Arising Out of PS. Case No.-58 Year-2025 Thana- AURAI District- Muzaffarpur ====================================================== Sushila Devi W/O Shiv Shankar Sah Village- Chahunta, PS- Aurai, DistrictMuzaffarpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Ravi Ranjan For the Opposite Party/s :

Mr.Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 17-09-2025

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, 115(2), 118(1), 126(2), 127(2), 109, 76, 303(2), 352, 351(2)(3) of the Indian Penal Code.

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 on 20.03.2025 at 6.05 P.M., 11 accused persons including the petitioner came variously armed and started abusing on protest, petitioner gave orders to kill on which all accused started assaulting when family members came to save him accused assaulted them also and disrobed his wife. Further, petitioner assaulted the informant by garasa causing

Patna High Court CR. MISC. No.62867 of 2025(2) dt.17-09-2025 2/3 injury on head and accused persons took away fruits and cash.

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 the date of occurrence is 20.03.2025 and the FIR was instituted on 25.03.2025 based on written application of the informant and the same reached the learned District Court on 27.03.225 which cast an aspersion on the case of the prosecution that as to why no FIR was instituted instantly.

It is next submitted that though it is alleged that petitioner assaulted the informant by garasa causing injury on head, but then, from perusal of the allegation as alleged in the FIR, it would manifest that informant alleges that on orders of petitioner all the accused persons assaulted him, as such, if 11 accused has assaulted the informant earlier then how come only one injury was found on the head, which cast an aspersion on the case of the prosecution. It is next submitted that petitioner has been falsely implicated in the instant case with a view to coerce the male members of the family into submission who have also been implicated in the instant case. It is also submitted that even the injury suffered by the injured is simple in nature.

5. Learned A.P.P. opposes the anticipatory bail application.

Patna High Court CR. MISC. No.62867 of 2025(2) dt.17-09-2025 3/3

6. Considering the submissions and taking into consideration the fact that petitioner 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 Sri Ajit Kumar, the learned Judicial Magistrate, 1st Class, Muzaffarpur in connection with Aurai P. S. Case No.58 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T