Shanti Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.68691 of 2025 Arising Out of PS. Case No.-155 Year-2025 Thana- SAHEBPUR KAMAL DistrictBegusarai ====================================================== Shanti Devi W/o Sikindar Yadav @ Sikin Yadav R/o Village- Bahloriya, Ward No. 09, P.S.- S. Kamal, District- Begusarai.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Gajendra Prasad Yadav, Advocate For the Opposite Party/s :

Mr. Bharat Bhushan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 26-09-2025 Heard learned counsel for the petitioner and learned APP for the State.

2. The petitioner is apprehending her arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 352, 351(1), 351(2), 74, 109(1) and 3(5) of B.N.S., 2023.

3. The allegation in the first information report is that on account of a dispute between the parties, one Sikin Yadav exhorted to kill Deepak Kumar following which the petitioner Shanti Devi handed over an axe to her son Mithun who attacked Deepak Kumar with the said axe on his head causing injury.

4. Learned counsel for the petitioner submits that the first information report would itself reveal that specific

Patna High Court CR. MISC. No.68691 of 2025(2) dt.26-09-2025 2/3 allegation of giving an axe blow to the injured Deepak Kumar is upon Mithun and the petitioner being the mother of the said accused has falsely been attributed the role of handing over the axe to him out of a family dispute. It is further submitted that both the parties are gotias having land dispute and it is also pointed out that the first information report has been lodged after a delay of four days which remains unexplained. It is further submitted that the petitioner is a lady of almost 56 years of age and has no criminal antecedent.

5. Learned APP for the State opposes the grant of anticipatory bail.

6. Taking into consideration the facts and circumstances aforesaid and also considering that the case arises out of a land dispute between the gotias coupled with the delay of four days and further considering that there is no specific allegation of assault upon the petitioner, let petitioner, above named, in the event of her arrest or surrender before the learned court below within a period of four weeks from today, be released on bail, on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/successor court in connection with S. Kamal P.S. Case

Patna High Court CR. MISC. No.68691 of 2025(2) dt.26-09-2025 3/3 No.155 of 2025, subject to the conditions as laid down under Section 482(2) of the B.N.S.S.

(Soni Shrivastava, J) Sanjay/- U T