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Patna High CourtCR. MISC./88193/2025allowed

Babita Devi v. The State Of Bihar

2026-01-12Mr. Justice Sunil Dutta Mishra3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88193 of 2025 Arising Out of PS. Case No.-433 Year-2025 Thana- JHAJHA District- Jamui ====================================================== Babita Devi W/o Dilip Prasad Barnwal @ Dilip Kumar Baranwal R/o VillagePurani Bazar, Gandhi Chowk, Jhajha, Police Station- Jhajha, District- Jamui. ... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Pankaj Kumar Sinha, Advocate.

For the Opposite Party/s :

Mr. Shailendra Kumar Singh, A.P.P.

====================================================== CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA ORAL ORDER 12-01-2026

1. Heard learned counsel for the petitioner and learned A.P.P. for the State.

2. The petitioner apprehends her arrest in connection with Jhajha P.S. Case No.433 of 2025 instituted under Sections 126(2), 115(2), 117(1), 118(2), 109, 351(2), 352, 3(5) of the B.N.S., 2023.

3. As per the prosecution case, the elder brother of informant is married but the informant is still a bachelor and there is partition between them and they are in their respective possession. It is alleged that on 28.08.2025 when the informant returned, he found his room was locked and when the informant inquired about that, the accused persons became furious and started abusing the informant. It is further alleged that when the informant protested, his elder brother who is co-accused,

Patna High Court CR. MISC. No.88193 of 2025(2) dt.12-01-2026 2/3 namely, Dilip Prasad Baranwal smashed down him on the earth causing injury and co-accused Vinay Kumar gave blow by means of iron rod causing injury to him. The allegation against the petitioner who is sister-in-law of the informant is that she instigated the co-accused persons to kill the informant.

4. Learned counsel for the petitioner submits that petitioner is innocent and has been falsely implicated in this case. He further submits that the petitioner is sister-in-law of the informant and the dispute arose between the parties is regarding the lock of room. Learned counsel submits that there is land dispute between the parties. He further submits that due to falling of informant on earth, his right hand was fractured and except the said injury, the other injuries are simple in nature. Learned counsel submits that the petitioner has got clean antecedent and she undertakes to cooperate in the investigation and trial of the case.

5. Learned A.P.P. for the State opposes the prayer for anticipatory bail.

6. Considering the facts and circumstances of the case and submissions of learned counsel for the parties, in the event of arrest or surrender before the Court below within six weeks from today, the petitioner be released on bail upon furnishing

Patna High Court CR. MISC. No.88193 of 2025(2) dt.12-01-2026 3/3 bail bonds of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like amount to each to the satisfaction of the learned Chief Judicial Magistrate, Jamui/ concerned Court in connection with Jhajha P.S. Case No.433 of 2025, subject to the conditions laid down in Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

(Sunil Dutta Mishra, J) Ritik/- U T