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Patna High CourtCR. MISC./84576/2025allowed

Lalita Devi v. The State Of Bihar

2025-12-24Mr. Justice Harish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.84576 of 2025 Arising Out of PS. Case No.-88 Year-2025 Thana- MOHIUDDIN NAGAR DistrictSamastipur ====================================================== 1.

Lalita Devi W/o Parmeshwar Mahto@ Prameshur Mahto R/o Village - Maniyar Par, P.S. - Mohiuddin Nagar, Dist. - Samastipur (Bihar). 2.

Munni Devi Wife of Shankar Mahto R/o Village - Maniyar Par, P.S. - Mohuiuddin Nagar, Dist. - Samastipur (Bihar). ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Akash Kumar Mishra, Adv.

For the Opposite Party/s :

Mr. Umesh Lal Verma, APP For the Informant :

Mr. Pramod Kumar Singh, Adv.

====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 24-12-2025 Heard learned Advocate for the petitioners, learned Advocate for the State as well as the learned Advocate for the informant.

2. The petitioners apprehend their arrest in connection with Mohiuddinagar P.S. Case No.88 of 2025 registered for the offences punishable under Sections 126(2), 115(2), 118(1), 117(2), 74, 109(1), 352, 351(2), 351(3) and 3(5) of the BNS, 2023.

3. While the informant and his sons were sitting at their darwaja, in the meanwhile, all the FIR named accused persons, including the petitioners rushed there and brutally assaulted them by means of various weapons. It is specifically

Patna High Court CR. MISC. No.84576 of 2025(2) dt.24-12-2025 2/3 alleged that the petitioner no.1 inflicted a garasa blow over the head of the wife of the informant due to which she sustained serious injury, besides further allegation against other accused persons.

4. Learned Advocate for the petitioners referring to the FIR contended that so far the allegation against the petitioner no.1 of causing assault over the head of informant's wife is concerned, the same has not been corroborate with the injury report, inasmuch as the injury has been found to be simple in nature caused by hard and blunt substance. To support the aforesaid contention, the injury report has been placed on record. There is a counter version of the present case being Complaint Case No.48 of 2025 filed by the petitioner no.1 against the informant and others. The petitioners are the women having fair antecedent and they undertake that they will fully cooperate in the proceeding of the Court.

5. On the other hand, learned Advocate for the State and the learned Advocate for the informant vehemently opposed the bail application and submitted that the petitioners have actively participated in the crime and brutally assaulted the informant and his family members.

6. Having considered the submissions set forth by the

Patna High Court CR. MISC. No.84576 of 2025(2) dt.24-12-2025 3/3 learned Advocate for the respective parties and taking note of the nature of accusation levelled against the petitioners with the corresponding injury, besides the fact that the petitioners are women having 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.5000/- (Five thousand) each with two sureties of the like amount each to the satisfaction of learned Sub Divisional Judicial Magistrate, Samastipur/successor Court in connection with Mohiuddinagar P.S. Case No.88 of 2025, 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