Anita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No. 66739 of 2025 Arising Out of PS. Case No.-91 Year-2025 Thana- GOGRI District- Khagaria ====================================================== 1.
Anita Devi W/O Gopal Singh R/O - Barichak, Ward No.11, Gogri, P.S.- Gogri, District - Khagaria 2.
Priyanka Kumari D/O Gopal Singh R/O - Barichak, Ward No.11, Gogri, P.S.- Gogri, District - Khagaria 3.
Lakshmi Kumari W/O Azad Kumar R/O - Barichak, Ward No.11, Gogri, P.S.- Gogri, District - Khagaria ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Anil Kumar Choudhary, Advocate For the Opposite Party/s :
Mr. Raj Ballabh Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-11-2025 Heard Mr. Anil Kumar Choudhary, learned counsel for the petitioners and Mr. Raj Ballabh Singh, learned Additional Public Prosecutor for the State.
2. The petitioners are apprehending their arrest in connection with Gogri P.S. Case No.91 of 2025, F.I.R. dated 08.04.2025 for the offences punishable under Sections 126(2), 115(1), 117(2), 118(1), 109, 74, 303(2) and 352 of the Bharatiya Nyay Sanhita, 2023.
3. Earlier the petitioners moved before this Court for grant of anticipatory bail vide Cr. Misc. No.48371 of 2025 which was withdrawn vide order dated 06.08.2025.
2/4
4. According to prosecution case, the informant alleged that when he was digging a pole on his share of land, in the meantime, the petitioners along with other co-accused persons came and assaulted him and his wife. It is further alleged that the accused persons tried to outrage the modesty of his wife and snatched gold earing from her and took Rs. 5000/- kept nearby and when the informant's son came to rescue him, the accused persons assaulted his son by means of iron rod.
5. Learned counsel for the petitioners submits that petitioners are innocent and they have falsely been implicated in the present case. The present case is counter blast of Gogri P.S. Case No.90 of 2025 which was filed two days prior to the present FIR by the informant and his family members. He further submits that although the petitioners are named in the FIR and there is specific allegation against the petitioners that they have assaulted the informant and his family members and wife of the informant, namely, Munni Devi received injury but the injury report of informant's wife suggest that the injury inflicted upon her is simple in nature.
6. The learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioners on the ground that petitioner no.1 carries two criminal antecedents,
3/4 petitioner no.2 carries one criminal antecedent and petitioner no.3 has clean antecedent.
7. Considering the aforesaid facts and circumstances and the fact that the there is case and counter case between the parties and injury inflicted upon the injured person is simple in nature, let the petitioners, above named, in the event of arrest or surrender before the court below within a period of thirty days from the date of receipt of the order, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned Chief Judicial Magistrate, Khagaria in connection with Gogri P.S. Case No.91 of 2025, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure / Section 482(2) of the Bhartiya Nagarik Suraksha Sanhita and with other following conditions:- i.
Petitioners shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and on their absence on two consecutive dates without sufficient reason, their bail bond shall be cancelled by the Court below. ii.
4/4 move for cancellation of bail.
iii. And further condition that the court below shall verify the criminal antecedent of the petitioners and in case at any stage it is found that the petitioners have concealed their criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioners. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.
(Rajesh Kumar Verma, J) Suruchi/- U T