Madhuri Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.83227 of 2025 Arising Out of PS. Case No.-200 Year-2024 Thana- GAYA MUFASIL District- Gaya ====================================================== 1.
Madhuri Devi, W/O Late Ram Anugrah Singh, R/O Mdhuri Sadan, Near Gauri Kanya School, Lakhibag, Manpur, P.S.- Mufasil, Dist.-Gaya (Bihar) 2.
Lalji Sharma, S/O Late Ragho Sharma, R/O Mdhuri Sadan, Near Gauri Kanya School, Lakhibag, Manpur, P.S.- Mufasil, Dist.-Gaya (Bihar) ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Dr. Koushlendra Narayan, Advocate For the Opposite Party/s :
Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 03-12-2025 Heard the parties.
2. The petitioners are apprehending their arrest in connection with Mofasil (Gaya) P.S. Case No. 200 of 2024 registered for the offences punishable under Sections 126(2), 115(2), 109, 125(a), 352, 351(2)/(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
3. Allegation against the petitioners is of causing assault to the informant and her sister-in-law by means of stone and bricks along with Iron rod, due to which they sustained serious injuries.
4. Learned Advocate for the petitioners submitted that the present case is nothing, but a counter blast of Mofasil P.S.
Patna High Court CR. MISC. No.83227 of 2025(2) dt.03-12-2025 2/3 Case No. 195 of 2024, instituted by the petitioner no.1 against the informant and her family members. Referring to the F.I.R., it is further contended that with regard to an occurrence, which took place on 29.02.2024, the present F.I.R. came to be instituted on 03.03.2024, but without any plausible explanation; moreover, the injuries, which are allegedly sustained to the informant and her sister-in-law, the same have been found to be simple in nature. It is further contended that on account of land dispute, the parties are bickering over the property and two cases have also been instituted against the petitioners, which are nothing, but the offshoot of the land dispute.
5. On the other hand, learned APP for the State vehemently opposes the bail application and submits that besides the fact that the petitioners are having two criminal antecedent, they have actively participated in the crime.
6. Regard being had to the submissions advanced by the learned Advocate for the parties and considering the fact that prior to the institution of this case, the petitioner no.1 had instituted a criminal case against the informant and her family members as well as the nature of accusation against the petitioners, qua the injuries and also the delay in lodging the F.I.R., let the petitioners, named above, in the event of their
Patna High Court CR. MISC. No.83227 of 2025(2) dt.03-12-2025 3/3 arrest or surrender before the court below within four weeks from the date of receipt/production of a copy of this order, be released on 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 learned Chief Judicial Magistrate, Gaya in connection with Mofasil (Gaya) P.S. Case No. 200 of 2024, subject to the condition as laid down under Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 with the further condition that one of the bailors shall be the own/close relative of the petitioners.
(Harish Kumar, J) uday/- U T