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Patna High CourtCR. MISC./88057/2025bail granted

Janki Devi v. The State Of Bihar

2026-01-15Mr. Justice Rajesh Kumar Verma3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.88057 of 2025 Arising Out of PS. Case No.-222 Year-2025 Thana- ISHAKCHAK District- Bhagalpur ====================================================== Janki Devi Wife of Subodh Rai Resident of Village- Bhikhanpur Barhi Tola, near Kali Aasthan, P.S.- Ishakchak, District- Bhagalpur ... ... Petitioner/s

Versus

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

For the Petitioner/s :

Mr. Ranjan Kumar Jha, Advocate For the Opposite Party/s :

Mr. Mohammed Arif, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA ORAL ORDER 15-01-2026 Heard Mr. Ranjan Kumar Jha, learned counsel for the petitioner and Mr. Mohammed Arif, learned Additional Public Prosecutor for the State.

2. The petitioner seeks bail, who is in custody since 09.09.2025 in connection with Ishakchak P.S. Case No. 222 of 2025, F.I.R. dated 04.09.2025 for the offences punishable under Sections 126(2), 115(2), 118(1), 303(2), 352, 351 (2), 3(5), 109 of the B.N.S. but later on section 103(1) of the BNS has also been added.

3. According to prosecution case, petitioner is alleged to have assaulted the informant's wife, sister and brother in law by fist and slaps but none has sustained injury.

4. Learned counsel for the petitioner submits that petitioner has clean antecedent and he has falsely been implicated in the present case. Although the petitioner is named

Patna High Court CR. MISC. No.88057 of 2025(2) dt.15-01-2026 2/3 in the F.I.R. but from bare perusal of F.I.R., it appears that coaccused persons assaulted the informant by means of farsa on his head and later on he died. Learned counsel further submits that the allegation against this petitioner is that she assaulted informant's wife, sister and brother-in-law but there is no injury report on the record which suggest that none have sustained any injury. The police after investigation, submitted chargesheet against the petitioner and the petitioner is in custody since 09.09.2025.

5.

Learned Additional Public Prosecutor has vehemently opposed the prayer for bail of the petitioner.

6. Considering the aforesaid facts and circumstances, petitioner has clean antecedent, specific allegation of assault is against co-accused persons, let the petitioner, above named, be released on bail on furnishing bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of the like amount each to the satisfaction of the learned A.C.J.M., Bhagalpur in connection with Ishakchak P.S. Case No. 222 of 2025, with the following conditions:

i. Petitioner shall co-operate in the trial and shall be properly represented on each and every date fixed by the court and shall remain physically present as directed by the court and

Patna High Court CR. MISC. No.88057 of 2025(2) dt.15-01-2026 3/3 on her absence on two consecutive dates without sufficient reason, his/her bail bond shall be cancelled by the Court below. ii. If the petitioner tampers with the evidence or the witnesses, in that case, the prosecution will be at liberty to move for cancellation of bail.

iii. And further condition that the court below shall verify the criminal antecedent of the petitioner and in case at any stage it is found that the petitioner has concealed her criminal antecedent, the court below shall take step for cancellation of bail bond of the petitioner. However, the acceptance of bail bonds in terms of the above-mentioned order shall not be delayed for purpose of or in the name of verification.

(Rajesh Kumar Verma, J) Ranjeet/- U T