Demyanti Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74718 of 2025 Arising Out of PS. Case No.-279 Year-2024 Thana- CHAKAND District- Gaya ====================================================== 1.
Demyanti Devi Wife of Mahendra Chaudhary Resident of Village- Deshin Bigha PS -Chakand Dist- Gaya 2.
Vinod Chaudhary son of Brihja Chaudhary Resident of Village- Deshin Bigha PS -Chakand Dist- Gaya 3.
Patiya Devi wife of Vinid Chaudhary Resident of Village- Deshin Bigha PS -Chakand Dist- Gaya 4.
Kranti Devi Wife of Bhushan Chaudhary Resident of Village- Deshin Bigha PS -Chakand Dist- Gaya 5.
Chinta Devi wife of Binod Chaudhary Resident of Village- Deshin Bigha PS -Chakand Dist- Gaya ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Ajay Kumar Sinha, Advocate For the State :
Mr. Nagendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 19-11-2025 Heard Mr. Ajay Kumar Sinha, learned counsel for the petitioner and learned APP representing the State.
2. The petitioners are apprehending their arrest in connection with Chakand P.S. Case No. 279 of 2024 registered for the offence under Sections 329(4), 127(1), 115(2), 117(2), 110, 303(2) and 324(4) of the B.N.S., lodged on 15.10.2024 by the informant, Usha Devi.
3. As per the prosecution story, the informant alleged that the accused persons came and after abuse, the assault took
2/4 place. They also snatched Jitiya from the neck. This led to the F.I.R.
4. Learned counsel for the petitioners submit that earlier they were granted protection by the Police itself [under section 35(3) of the B.N.S.] and as such, the learned Sessions Judge dismissed the anticipatory bail application after recording it as dismissed as not maintainable. However, charge-sheet has been submitted, necessitating the present case.
5. The submission is that there is nothing on record to show that assault led to any grievous injury, four of them are ladies, none have criminal antecedents and further without accepting the allegation or outcome of the present petition, the petitioner no.2, namely Vinod Chaudhary intends to pay Rs.5,000/- to the informant towards treatment by Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank to be submitted at the time of execution of bail bond.
6. Learned APP opposes the prayer submitting that allegation of assault is there though whether it is grievous or simple have not been recorded.
7. Considering the submissions of the parties as also the fact that earlier they were granted interim protection by the
3/4 Police, as recorded above, none have criminal antecedent, four of them are ladies, in that background, this Court is inclined to extend them the privilege of anticipatory bail subject to payment of Rs.5,000/- by the petitioner no.2, Vinod Chaudhary to the informant as undertaken by the learned counsel for the petitioners through Demand Draft issued by the local branch of the State Bank of India/any Nationalized Bank to be submitted at the time of execution of the bail bond and the same shall be handed to the informant after checking his/her credentials.
8. Let the petitioners be released on bail in the event of arrest or surrender within a period of four weeks from the receipt of this order, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of like amount each to the satisfaction of learned Additional Chief Judicial Magistrate-V, Gaya, in connection with Chakand P.S. Case No. 279 of 2024, subject to the following conditions:- (i) one of the bailor should be the family member/relative of the petitioner who shall provide official document to show his/her bona fide;
(ii) the petitioners shall appear on each and every date before the Trial Court and failure to do so for two consecutive dates without plausible reason will entail cancellation of their
4/4 bail bond by the Trial Court itself;
(iii) the petitioners shall in no way try to induce or promise or threat the witnesses or tamper with the evidences, failing which the State shall be at liberty to take steps for cancellation of the bail bonds;
(iv) the petitioners shall desist from committing any criminal offence again, failing which the State shall be at liberty to take steps for cancellation of bail bonds. (Rajiv Roy, J) vinayak/- U T