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Patna High CourtCR. MISC./80743/2025allowed

Sugni Devi @ Sugani Devi @ Sugam Devi v. The State Of Bihar

2025-12-04Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.80743 of 2025 Arising Out of PS. Case No.-507 Year-2024 Thana- MALSALAMI District- Patna ====================================================== 1.

Sugni Devi @ Sugani Devi @ Sugam Devi W/O Rajesh Kumar R/O Village- Simali Sahdara Yamunapur, P.S- Malsalami, District- Patna 2.

Laddu Mahto @ Pappu Mahto S/O Jawahar Mahto R/O Village- Simali Sahdara Yamunapur, P.S- Malsalami, District- Patna ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Awadhesh Kumar Singh, Adv.

For the Opposite Party/s :

Mr. Satyendra Prasad, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 04-12-2025 Heard learned Advocate for the petitioners and learned Advocate for the State.

2. The petitioners apprehend their arrest in connection with Malsalami P.S. Case No.507 of 2024 registered for the offences punishable under Sections 191(2), 329(4), 190, 109, 117(2), 303(2) and 3(5) of the BNS, 2023.

3. Allegedly, the petitioners along with other six named accused persons and three unknown persons barged into the house of the informant and brutally assaulted her husband by means of knife, iron rod, danda and pistol, due to which he sustained serious injury. While the brother of the informant's husband came to his rescue, the accused persons also broke his

Patna High Court CR. MISC. No.80743 of 2025(2) dt.04-12-2025 2/3 hand. The reason behind the said occurrence is said to be that the father-in-law of the informant along with others had purchased 5 dhur land and the accused persons wanted to grab the same.

4. Learned Advocate for the petitioners referring to the FIR has contended that besides the omnibus nature of allegation of causing assault, the alleged occurrence took place on 31.10.2024, but surprisingly, the fardbeyan of the informant was recorded on 04.11.2024, which led to institution of the case and, as such, the deliberation and false implication of the petitioners cannot be ruled out. So far the injury is concerned, though one of the injuries, found over the head of the victim is said to be grievous in nature, but the same has not been specifically attributed to the petitioners. The petitioner no.1 is a woman whereas petitioner no.2 is a boy aged about eighteen years and both of them have fair antecedent. They undertake that they will fully cooperate in the proceeding of the Court.

5. On the other hand, learned Advocate for the State vehemently opposed the bail application and submitted that the other accused persons have secured regular bail. So far the petitioners are concerned, they have actively participated in the crime and assaulted the informant and others.

Patna High Court CR. MISC. No.80743 of 2025(2) dt.04-12-2025 3/3

6. Having considered the submissions set forth by the learned Advocate for the respective parties and considering the omnibus nature of allegation, coupled with the fact that the petitioner no.1 is a lady whereas the petitioner no.2 is a boy having tender age and they bear fair antecedent, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of four weeks from today, on furnishing bail bond of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Additional Chief Judicial Magistrate, Patna City in connection with Malsalami P.S. Case No.507 of 2024, subject to the condition as laid down under Section 482(2) of the BNSS, with further condition that one of the bailors shall be the own/close family members of the petitioners.

(Harish Kumar, J) rohit/- U T