Bir Bahadur Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.76148 of 2025 Arising Out of PS. Case No.-570 Year-2025 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

Bir Bahadur Kumar S/O Late Ram Nirit Yadav Resident of Village- Ganesh Bigha, P.S.- Karauna, District- Jehanabad 2.

Neelam Devi @ Neelam Kumari W/O Bir Bahadur Kumar Resident of Village- Ganesh Bigha, P.S.- Karauna, District- Jehanabad ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Praveen Kumar For the Opposite Party/s :

Mr.Gauri Shankar Gupta ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 27-11-2025

1. Heard learned counsel for the petitioners and learned A.P.P. for the State.

2. The learned counsel for the petitioners, at the outset, seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.1, Bir Bahadur Kumar, who was arrested during pendency of the instant anticipatory bail application.

3. Permission is accorded.

4. Accordingly, instant petition is dismissed as withdrawn with respect to petitioner no.1, Bir Bahadur Kumar.

5. The petitioner no.2 seeks bail in anticipation of her arrest in Jehanabad (Karauna) P. S. Case No.570 of 2025

Patna High Court CR. MISC. No.76148 of 2025(2) dt.27-11-2025 2/3 registered for the offences punishable under Sections 117(2), 118(2), 110, 351(2), 351(3) and 3(5) of the B.N.S.

6. The learned counsel for the petitioner submits that the petitioner no.2 is a person with clean antecedent and is a woman and being daughter in-law has been falsely implicated in the instant case by the informant, who is her mother in-law. It is further submitted that in sum and substance the allegation that informant is a pension holder and her son was quarreling for money when the petitioner also came and assaulted her causing injury over her eyes.

7. The learned counsel for the petitioner submits that from perusal of the allegation as alleged in the FIR, it would manifest that informant is an illiterate lady and the application before the police was written by her grandson, who is son of another son of the informant and in the FIR, word 'Iron Rod' has been added, which casts an aspersion on the case of the prosecution. It is also submitted that there is a delay of three days in instituting the FIR. It is next submitted that husband of the petitioner has already been taken in juridical custody.

8. Learned A.P.P. opposes the anticipatory bail application. It is submitted that informant specifically alleges that her son was quarreling when the petitioner came and

Patna High Court CR. MISC. No.76148 of 2025(2) dt.27-11-2025 3/3 assaulted her causing injury. It is further submitted that since son has been taken in custody, as such, the petitioner should also seek regular bail.

9. At this stage, the learned counsel for the petitioner seeks permission to withdraw the present anticipatory bail application with respect to petitioner no.2, Neelam Devi @ Neelam Kumari with liberty to the petitioner to surrender and seek regular bail.

10.

Permission is accorded.

11.

Accordingly, instant petition is dismissed as withdrawn with the liberty aforesaid.

12.

It is made clear that if petitioner no.2 surrenders on or before 08.12.2025, in that event, the learned Trial Court shall consider and dispose of the case on the same day keeping in mind that petitioner is a woman. (Satyavrat Verma, J) vikash/- U T