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Patna High CourtCR. APP (SJ)/3893/2025allowed

Runa Devi v. The State Of Bihar

2025-12-12Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL APPEAL (SJ) No.3893 of 2025 Arising Out of PS. Case No.-45 Year-2025 Thana- KAJRAILI District- Bhagalpur ====================================================== 1.

Runa Devi wife of Sanjay Thakur Resident of Village- Daradhi Bahadurpur Police Station -Kajraili, Dist- Bhagalpur 2.

Priti Kumari Wife of Rajeev Thakur @ Rajjev Kumar Ranjan Resident of Village- Daradhi Bahadurpur Police Station -Kajraili, Dist- Bhagalpur 3.

Nutan Devi Wife of Ravindra Thakur @ Ravindra Kumar Thakur Resident of Village- Daradhi Bahadurpur Police Station -Kajraili, Dist- Bhagalpur 4.

Manisha Devi @ Manisha Kumari wife of Rahul Thakur Resident of Village- Daradhi Bahadurpur Police Station -Kajraili, Dist- Bhagalpur 5.

Sanju Devi Wife of Krishna Mohan Thakur Resident of Village- Daradhi Bahadurpur Police Station -Kajraili, Dist- Bhagalpur 6.

Ujjwal Thakur @ Ujjawal Kumar son of Krishna Mohan Thakur Resident of Village- Daradhi Bahadurpur Police Station -Kajraili, Dist- Bhagalpur 7.

Puja Devi @ Karmi Kumari wife of Ajay Thakur @ Manoranjan Thakur Resident of Village- Daradhi Bahadurpur Police Station -Kajraili, DistBhagalpur ... ... Appellant/s

Versus

1 .

The State of Bihar 2.

Girja Devi Wife of Late Navin chandra Niwash @ Nakul Das Resident of Village- Daradhi Bahadurpur Police Station -Kajraili, Dist- Bhagalpur ... ... Respondent/s ====================================================== Appearance :

For the Appellant/s :

Mr. Dr. Manoj Kumar , Advocate For the Respondent/s :

Mr. Binay Krishna, Spl. PP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 12-12-2025 Heard learned counsel for the parties. Despite filing vakalatnama , nobody appears on behalf of respondent No. 2.

2. This appeal has been filed for setting aside order dated 23.06.2025 passed in a case registered for the offence punishable under sections 103 (1) and 3 (5) of BNS and

Patna High Court CR. APP (SJ) No.3893 of 2025(3) dt.12-12-2025 2/3 sections 3(i)(r)(s) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby the prayer for anticipatory bail of the appellant has been rejected. 3 . As per the prosecution case , informant Girja Devi alleged that on 10.05.2025 , all the F.I.R. named accused persons including these appellants abused by caste name and assaulted son of informant. It is further alleged that when husband of informant, intervened, then he was also assaulted by accused persons due to which he sustained injuries. During course of treatment, the husband of informant died.

4. It is submitted on behalf of appellants that as per F.I.R. 18 named accused persons including these appellants assaulted husband and son of informant but the same is not corroborated by the Post mortem report of the husband of informant and injury report of the son of informant. In the Post mortem, only one bruise was found over the forehead of the deceased and in the injury report of the son of informant, only 2 injuries of abrasion was found, which is simple in nature . Allegation made in the F.I.R. is falsified by the medical evidence . Except appellant No. 6, all the other appellants are ladies and all of them claim clean antecedent. 5 . Learned special Public Prosecutor for the State

Patna High Court CR. APP (SJ) No.3893 of 2025(3) dt.12-12-2025 3/3 opposed the bail appeal.

6. Considering the contradiction in the F.I.R and the medical report, clean antecedents of these appellants and other circumstances of the case , this appeal is allowed and the impugned order is set aside. Let the appellants, named above, in the event of arrest/surrender within a period of eight weeks from the date of receipt/production of a copy of this order, be enlarged 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 District and Additional Sessions Judge - III - cum - Special Judge SC / ST Act Bhagalpur in connection with Kajraili Police Station Case No. 45 of 2025 . (Prabhat Kumar Singh, J) Koushik/- U T