Parvati Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.79295 of 2025 Arising Out of PS. Case No.-137 Year-2025 Thana- BASOPATTI District- Madhubani ====================================================== 1.

Parvati Devi W/o Shyam Bhagat Resident of village- Jhitkohiya, (Kataiya), PS- Basopatti, Dist- Madhubani 2.

Bikau @ Bikau Raut S/o Panchu Raut @ Saryug Bhagat Resident of villageJhitkohiya, (Kataiya), PS- Basopatti, Dist- Madhubani 3.

Sonu Bhagat @ Sonu Kamat S/o Ram Udgar Kamat @ Sundar Kamat @ Sundar Bhagat Resident of village- Jhitkohiya, (Kataiya), PS- Basopatti, Dist- Madhubani ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Bhavesh Kumar Sah Mrs. Archna Anand For the Informant Mrs. Sweta Singh For the State :

Mr. Tapeshwar Sharma ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 21-01-2026 Heard learned counsel for the petitioners, learned APP for the State and learned counsel for the informant.

2. The petitioners apprehend their arrest in a case registered under Sections 189 (2), 126(2), 115(2), 303(2), 109, 352, 351(2) of the BNS.

3. Allegation in the first information report is that the accused persons came variously armed to the field and indulged in assault causing injuries.

4. Learned counsel for the petitioners submits that so far as the petitioner nos. 2 and 3 are concerned, the allegation upon them is not assaulting the informant but that of assaulting

Patna High Court CR. MISC. No.79295 of 2025(3) dt.21-01-2026 2/3 Guddu Giri and there is no injury report of said Guddu Giri on record. So far as the petitioner no. 1 is concerned, the allegation is that of assaulting the informant by means of iron rod on her head along with her son Rohit Bhagat but the injury report of the informant available in the case diary discloses the same to be simple in nature even after the examination of the medical board. It has also been submitted that there is case and counter case and Annexure-2 has also been brought on record.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State and learned counsel for the informant on the basis of the injury suffered by the informant on vital part of the body.

6. Taking into consideration the facts and circumstances and also considering the fact that there is case and counter case and the injury suffered by the informant is simple in nature coupled with the fact that there is no injury report of Guddu Giri on record, let the above named petitioners, in the event of their arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Basopatti P.S. Case no.137 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction

Patna High Court CR. MISC. No.79295 of 2025(3) dt.21-01-2026 3/3 of the learned Court below where the case is pending subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023, subject to the conditions:

(i) The petitioners would cooperate in the investigation/ trial by making themselves available before the Investigating Officer and in case of any non-cooperation in investigation the prosecution would be at liberty to get the bail bonds of the petitioners cancelled.

(ii) One of the bailors will be a family member/close relative.

(Soni Shrivastava, J) devendra/- U T