Gita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.78704 of 2025 Arising Out of PS. Case No.-424 Year-2024 Thana- SONO District- Jamui ====================================================== 1.

Gita Devi W/o Sugdev Yadav R/o Village - Mogalchapri, P.S - Sono, District - Jamui 2.

Kundan Kumar S/o Sugdev Yadav R/o Village - Mogalchapri, P.S - Sono, District - Jamui ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Niranjan Parihar, Adv.

For the Opposite Party/s :

Mr. Mithlesh Kumar Khare, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 04-12-2025

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

2. The learned counsel for the petitioners, after arguing vehemently for some times realizing his difficulty, seeks permission to withdraw the anticipatory bail application with respect to petitioner no. 2 (Kundan Kumar).

3. Permission is accorded.

4. Accordingly, the instant anticipatory bail application is dismissed as withdrawn with repsect to petitioner no. 2 only.

5. The petitioner no. 1 apprehends her arrest in a case registered for the offences punishable under Sections 126(2),

Patna High Court CR. MISC. No.78704 of 2025(2) dt.04-12-2025 2/3 115(2), 109(1), 118(2), 351(2), 351 (3), 352 and 3(5) of the BNS, 2023.

6. Learned counsel for the petitioner submits that petitioner no. 1 is a person with clean antecedent and is a woman and the informant alleges that family members of Sugdev Yadav don't give food to his father Chhotan, as such, his wife gave food to Chhotan, on which accused persons assaulted his wife by bricks while Kundan assaulted his wife by sword causing injury on nose, though, he attempted to assault on head, accordingly, his wife was admitted in hospital.

7. Learned counsel for the petitioners submits that from perusal of the allegation as alleged in the FIR, it would manifest that general and omnibus allegation has been alleged against the petitioner no. 1 when specific allegation of assaulting the wife of the informant is againt Kundan.

8. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.

9. Considering the submissions made by the learned counsel for the petitioner, the petitioner no. 1 above-named, in the event of her arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/-

Patna High Court CR. MISC. No.78704 of 2025(2) dt.04-12-2025 3/3 (Rupees Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Sono P.S. Case No. 424 of 2024 subject to the conditions as laid down under Section 482 (2) of the BNSS.

10. Accordingly, the instant anticipatory bail application stands allowed.

(Satyavrat Verma, J) Rishabh/- U T