Kalawati Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.76863 of 2025 Arising Out of PS. Case No.-45 Year-2024 Thana- TARARI District- Bhojpur ====================================================== 1.
Kalawati Devi W/O Karamu Ram R/O Vill.- Sedahan, P.S.- Tarari, Dist.- Bhojpur (Bihar) 2.
Rajbaso Devi W/O Jagdish Ram R/O Vill.- Sedahan, P.S.- Tarari, Dist.- Bhojpur (Bihar) 3.
Usha Devi W/O Chhotan Ram @ Jagnarayan Paswan R/O Vill.- Sedahan, P.S.- Tarari, Dist.- Bhojpur (Bihar) 4.
Pratibha Devi W/O Manoj Ram R/O Vill.- Sedahan, P.S.- Tarari, Dist.- Bhojpur (Bihar) 5.
Anita Devi W/O Mehendra Ram R/O Vill.- Sedahan, P.S.- Tarari, Dist.- Bhojpur (Bihar) 6.
Shanti Devi W/O Anat Ram @ Anant Ram R/O Vill.- Sedahan, P.S.- Tarari, Dist.- Bhojpur (Bihar) 7.
Urmila Devi W/O Ajay Kumar Ram R/O Vill.- Sedahan, P.S.- Tarari, Dist.- Bhojpur (Bihar) 8.
Mahendra Paswan S/O Ram Ashray Paswan R/O Vill.- Sedahan, P.S.- Tarari, Dist.- Bhojpur (Bihar) ... ... Petitioners
Versus
The State of Bihar ... ... Opposite Party ====================================================== Appearance :
For the Petitioner/s :
Mr. Uday Kumar, Advocate For the Opposite Party/s :
Mr. Ram Priya Sharan Singh, 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 Tarari P.S. Case No. 45 of 2024, dated 05.03.2024, registered for the offences punishable under Sections 147, 148, 149, 341, 323, 307 and 353 of the Indian Penal Code and Section 27 of the Arms Act.
Patna High Court CR. MISC. No.76863 of 2025(2) dt.27-11-2025 2/3
3. As per allegation in the FIR, a free-fight took place between the bride's side and the side of the bride-groom and 13 named persons along with 10 unknown armed with sticks indulged in assault and pelting of stones and causing injuries to two constables who intervened in order to maintain law and order.
4. Learned counsel for the petitioners submits that the present petitioners have not been named in the FIR and out of 8 petitioners, 7 are female members with no specific allegation against them. It is further submitted that as against allegations of firing by the mob, no bullet or cartridge is said to have been recovered from the place of occurrence and as a matter of fact, on account of a trivial dispute between the families, a case and counter case was lodged from both the sides and the case on the side of the accused persons being Tarari P.S. Case No. 46 of 2024. It is also submitted that the co-accused persons who are named in the FIR have already been granted the privilege of anticipatory bail by co-ordinate Benches of this Court vide orders dated 13.05.2025 and 19.05.2025 passed in Cr. Misc. No. 16522 of 2025 and Cr. Misc. No. 28732 of 2025 respectively and the case of the petitioners stands on better footing.
Patna High Court CR. MISC. No.76863 of 2025(2) dt.27-11-2025 3/3
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 the petitioners were not even named in the FIR and the FIR named accused persons have already been granted the privilege of anticipatory bail by different co-ordinate Benches of this Court, 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 amount each to the satisfaction of learned Judicial Magistrate 1st Class, Ara, Bhojpur, in connection with Tarari P.S. Case No. 45 of 2024, 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