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Patna High CourtCR. MISC./74564/2025bail granted

Anita Devi v. The State Of Bihar

2026-01-16Mr. Justice Prabhat Kumar Singh3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.74564 of 2025 Arising Out of PS. Case No.-95 Year-2025 Thana- LAUKAHI District- Madhubani ====================================================== 1 .

Anita Devi W/o Ravindra Chaudhary R/o Village- Mansapur, PS- Laukahi, District- Madhubani 2.

Saksham Kumar @ Saksham Chaudhary S/o- Ravindra Chaudhary R/o Village- Mansapur, PS- Laukahi, District- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ravi Prakash, Advocate For the Opposite Party/s :

Mr. Nirmala Kumari , APP For informant :

Mr. Binay Kumar , Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 16-01-2026 Heard learned counsel for the petitioners, informant and the State .

2. Petitioners apprehend their arrest in a case registered for the offence punishable under sections 126(2), 115(2), 76, 303(2), 103(1), 351(2), 3(5), 61(2) of the BNS and 25(1-b)a/26/35 Arms Act.

3 . As per prosecution case, on 11.05.2025 at about 12.00 noon, when husband of the informant was going to his newly constructed house from his old house on a bicycle carrying some belongings, these petitioners along with other coaccused persons namely Rupesh Chaudhary, Ravindra Chaudhary Durganand Chaudhary @ Bhaglu Chaudhary, Raja

Patna High Court CR. MISC. No.74564 of 2025(3) dt.16-01-2026 2/3 Chaudhary along with about five unknown persons intercepted him, abused him, pushed him to the ground and dragged him to the courtyard of Rupesh Chaudhary. They tied him with a rope and assaulted him with iron rod, handle of kudali and farsa with intent to kill, due to which he sustained grievous injuries on both legs and spine and became unconscious. When informant reached the place of occurrence on getting information, she was also assaulted, dragged by her hair, pushed to the ground and stripped by co-accused Rupesh Chaudhary and her gold mangalsutra was also snatched. Accused persons planted pistol and cartridge on her husband and falsely informed the police that husband and wife had come to kill him (accused). Both the injured were taken to PHC Laukahi for treatment from where her husband was referred to DMCH Darbhanga where he succumbed to injuries during treatment.

4. Learned counsel appearing for the petitioners submitted that petitioners are innocent and have committed no offence as alleged. From perusal of the FIR, it is clear that the informant is not eye witness of the occurrence . As a matter of fact, prior to this occurrence, son of informant kidnapped daughter of co-accused Ravindra Chaudhary for which he has lodged case against the informant and to save skin , informant

Patna High Court CR. MISC. No.74564 of 2025(3) dt.16-01-2026 3/3 has lodged this case against these petitioners and his family members with false allegation . Petitioner No. 1 is wife and petitioner No. 2 is brother of co-accused Ravindra Chaudhary. No specific allegation of assault is against these petitioners. Petitioners claim clean antecedent.

5 . Learned counsel for the State as well as informant opposed the bail petition .

6 Considering the nature of accusation, clean antecedent of these petitioners and other circumstances of the case , in the event of arrest or surrender within eight weeks from today, let the petitioners, as named above, 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 ACJM Ist Jhanjharpur, District- Madhubani in connection with Laukahi P.S. Case No. 95 of 2025 , subject to the conditions laid down under section 482 ( 2 ) of the Bharatiya Nagarik Suraksha Sanhita ( BNSS) , 2023 .

(Prabhat Kumar Singh, J) Koushik/- U T