Sudha Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.77790 of 2025 Arising Out of PS. Case No.-207 Year-2025 Thana- BACHHWARA District- Begusarai ====================================================== 1.

Sudha Devi Wife of Ramakant Ray Resident of Village - Ranitol Bhagwanpur, Ps- Bachhwara, Dist- Begusarai 2.

Abhishek Kumar Son of Ramakant Ray Resident of Village - Ranitol Bhagwanpur, Ps- Bachhwara, Dist- Begusarai ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Ms. Madhubala Verma, Adv.

For the Opposite Party/s :

Md. Fahimuddin, APP For the Informant :

Mr. Satish Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-12-2025

1. Heard learned counsel for the petitioners, learned A.P.P. for the State and the learned counsel appearing on behalf of the informant.

2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 126(2), 115(2), 303(2), 109, 118(1), 74, 352, 351(2) and 3(5) of the BNS, 2023.

3. Learned counsel for the petitioners submits that petitioners are persons with clean antecedent and petitioner no. 1 is a woman and the informant alleges that accused persons came to his house and Ramakant Rai assaulted him with Paghariya causing injury on head while Avinash assaulted his

Patna High Court CR. MISC. No.77790 of 2025(2) dt.03-12-2025 2/3 son by Gandasa causing injury on head, thereafter Abhishek, Sudha and Shobha assaulted his wife and another son who came to save them, while Avinash snatched chain of his wife and when people gathered, accused fled threatening.

4. Learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that from perusal of the allegation as alleged in the FIR, it would manifest that specific allegation of assault is against Ramakant Rai and Avinash and as far as these petitioners are concerned, the allegation against them of assault is general and omnibus in nature. It is also submitted that even injury suffered by the injured, alleged to be assaulted by the petitioners along with Shobha, has been opined to be simple in nature.

5. Learned A.P.P. for the State as well as learned counsel appearing on behalf of the informant opposes the anticipatory bail, but then learned counsel appearing on behalf of the informant is not in a position to rebut the submissions of the learned counsel appearing on behalf of the petitioner that allegation of assault against them is general and omnibus in nature and the injury suffered has been opined to be simple in nature.

Patna High Court CR. MISC. No.77790 of 2025(2) dt.03-12-2025 3/3

6. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the event of their 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/- (Rupees Ten Thousand) each 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 Bachhwara P.S. Case No. 207 of 2025 subject to the conditions as laid down under Section 482 (2) of the BNSS.

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

(Satyavrat Verma, J) Rishabh/- U T