Kavita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.85841 of 2025 Arising Out of PS. Case No.-388 Year-2025 Thana- KHAIRA District- Jamui ====================================================== 1.

Kavita Devi W/O Tapeshwar Ram R/O Village- Dharampur, P.S- Khaira, Distt.- Jamui.

2.

Tapeshwar Ram S/O Rajendra Ram R/O Village- Dharampur, P.S- Khaira, Distt.- Jamui.

3.

Roshan Ram @ Rosan Ram S/O Tapeshwar Ram R/O Village- Dharampur, P.S- Khaira, Distt.- Jamui.

... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr.Satya Prakash Parasar For the Opposite Party/s :

Mr.Jai Narain Thakur ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 03-02-2026

1. Heard learned counsel for the petitioners and learned APP for the State.

2. The petitioners seek bail in anticipation of their arrest in a case registered for the offences punishable under Sections 191(2), 191(3), 109(1), 329, 126(2), 115(2), 351(2), 352, 118(1), 190 of the B.N.S.

3. The learned counsel for the petitioners submits that the petitioners are persons with clean antecedent and petitioner no.1 is a woman and the informant alleges that on 07.09.2025 at 9.00 P.M., the accused persons came and started abusing. On objection, Tapeshwar instigated the accused to kill him on

Patna High Court CR. MISC. No.85841 of 2025(2) dt.03-02-2026 2/3 which Subhash assaulted him by tangi causing injury on head, thereafter Tintu stabbed him causing injury on stomach. Further, Raushan and Mantu assaulted him by rod causing injury on hand and leg, while petitioner no.1 along with other women accused also assaulted him.

4. The learned counsel for the petitioners submits that petitioners have been falsely implicated in the instant case by the informant. It is next submitted that petitioners and informant are agnates and are having dispute relating to property. It is further submitted that on the date of occurrence, an altercation had taken place in which both sides assaulted each other. It is next submitted that no doubt, it is alleged that Subhash and Tinku assaulted him by tangi on stomach, but then, from perusal of the injury report annexed as Annexure-2 series page 19 of the anticipatory bail application, it would manifest that the injuries have been found to be simple and no incised wound have been found, as such, allegation of stabbing is exaggerated. It is also submitted that one injury is opined to be grievous, but then, the same is pain and swelling in left shoulder and upper arm. It is also submitted that petitioners are not criminals.

5. Learned A.P.P. opposes the anticipatory bail application.

Patna High Court CR. MISC. No.85841 of 2025(2) dt.03-02-2026 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 Court below within a period of six weeks, are directed to be released on anticipatory bail on their furnishing bail-bonds in the sum 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 Khaira P. S. Case No.388 of 2025, subject to the conditions laid down under Section 482(2) of the B.N.S.S.

7. The application stands allowed.

(Satyavrat Verma, J) vikash/- U T