Baby Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.68597 of 2025 Arising Out of PS. Case No.-139 Year-2025 Thana- JAMOBAZAR District- Siwan ====================================================== Baby Devi, W/o Rajesh Kumar Singh R/o Vill.- Khulasa, Madhopur,P.S-Jamo Bazar, Dist. -Siwan ... ... Petitioner
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Umesh Kumar Mishra, Advocate For the State :
Mr. Renuka Ratnakar (App 125) ====================================================== CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER 24-09-2025 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner seeks bail, apprehending his arrest, in connection with Jamo Bazar P.S. Case No.139 of 2025, dated28.03.2025, registered for the offences punishable under Sections 126(2), 127(2), 115(2), 74, 109, 303(2), 352, 351(2) and 3(5) of the B.N.S., 2023.
3. As per allegation, the accused persons including the Petitioner variously armed with lathi and danda came to the door of the informant and assaulted the sister of the Informant and when the Informant came out, he was also assaulted and at the exhortation of the Petitioner/Baby Devi, co-accused, Rajesh Kumar Singh, assaulted the sister of the Informant.
4. Learned counsel for the petitioner submits that the
Patna High Court CR. MISC. No.68597 of 2025(2) dt.24-09-2025 2/3 Petitioner is innocent and has falsely been implicated in this case. He further submits that the altercation took place on account of previous enmity and even as per the FIR, the main assailant is Rajesh Kumar Singh, who has already been enlarged on anticipatory bail by a co-ordinate Bench of this Court vide order dated. 06.08.2025 passed in Cr. Misc. No.48441 of 2025.
5. It is also stated in paragraph no. 2 of the bail petition that the petitioner has not moved this Court earlier either for anticipatory bail or regular one in the instant case.
6. It has further been stated in paragraph no.3 of the petition that the petitioner has been made accused in one other case in which she is on bail.
7. However, learned APP for the State vehemently opposes the prayer of the Petitioner for bail.
8. Considering the aforesaid facts and circumstances, particularly the fact that the main assailant is Rajesh Kumar Singh, whose case is more serious than the one against the Petitioner, has already been granted anticipatory bail, this petition is allowed, directing the petitioner, above-named, to be enlarged on bail, in the event of his arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on his furnishing
Patna High Court CR. MISC. No.68597 of 2025(2) dt.24-09-2025 3/3 bail bonds in the sum of Rs. 10,000 /- (Ten Thousand) with two sureties of the like amount each to the satisfaction of learned concerned Court below, in connection with Jamo Bazar P.S. Case No.139 of 2025, subject to the conditions as laid down under Section 482 (2) of the B.N.S.S., 2023 and on the following conditions:
(i) In case, it is brought to the notice of the court below that the petitioner has criminal antecedents other than the disclosed one, learned court below shall cancel the bail bonds of the petitioner after hearing him and getting satisfied that the petitioner has concealed his criminal antecedents despite his knowledge of the same.
(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioner. (Jitendra Kumar, J.) Chandan/- U T