Rita Devi @ Lagani Kumari v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77223 of 2025 Arising Out of PS. Case No.-149 Year-2025 Thana- DAWATH District- Rohtas ====================================================== 1.

Rita Devi @ Lagani Kumari Daughter of Baban Singh Resident of Village -Tilakpura PS- Dawath District -Rohtas 2.

Hiramuni Devi Wife of Baban Singh Resident of Village -Tilakpura PSDawath District -Rohtas 3.

Bharat Singh son of Baban Singh Resident of Village -Tilakpura PS- Dawath District -Rohtas ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Nagendra Upadhyay, Advocate For the Opposite Party/s :

Mr. Humayou Ahmad Khan, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 27-11-2025 Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners apprehend their arrest in connection with Dawath P.S. Case No. 149 of 2025, dated 13.05.2025, registered for the offences punishable under Sections 191(2), 190, 126(2), 115(2), 109, 117, 303(2), 351(2) and 352 of the B.N.S., 2023.

3. As per allegation in the FIR, the accused persons including the petitioners who were variously armed came at the house of the informant and brutally assaulted her father, who was alone at home, causing injuries. One Chhatish Singh also

Patna High Court CR. MISC. No.77223 of 2025(2) dt.27-11-2025 2/3 snatched the golden chain of informant's father and thereafter they threw him in the nearby drainage.

4. Learned counsel for the petitioners submits that it would be apparent from the FIR itself that there are general and omnibus allegation against as many as 8 persons including the present petitioners, however, the specific allegation of assault by means of iron-rod is upon Baban Singh and Chhatish Singh, which has produced two simple and one grievous injury. It is further submitted that there is case and counter case and the petitioners have clean antecedent.

5. Learned Additional Public Prosecutor for the State on the other hand vehemently opposes the prayer for grant of anticipatory bail to the petitioners.

6. Taking into consideration the facts and circumstances of the case and further considering the fact that petitioners have clean antecedent, there is case and counter case on account of admitted old land dispute and there is no specific allegation of assault upon these petitioners, let the petitioners, above-named, in the event of their arrest or surrender before the Court concerned within a period of four weeks, be released on anticipatory bail, on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand Only) each with two sureties of the like

Patna High Court CR. MISC. No.77223 of 2025(2) dt.27-11-2025 3/3 amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Bikramganj, in connection with Dawath P.S. Case No. 149 of 2025, subject to the conditions laid down under Section 438(2) of the Cr.P.C. / Section 482(2) of the BNSS.

(Soni Shrivastava, J) Shahnawaz/- U T