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Patna High CourtCR. MISC./90220/2025partly allowed disposal

Abhishek Kumar v. The State Of Bihar

2026-01-15Justice Smt. Soni Shrivastava3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.90220 of 2025 Arising out of PS. Case No.-984 Year-2025 Thana- JAHANABAD District- Jehanabad ====================================================== 1.

Abhishek Kumar Son of Sanjay Kumar Resident of Village - Kanaudi, P.S.- Jehanabad, District - Jehanabad.

2.

Daulti Devi Wife of Sanjay Kumar Resident of Village - Kanaudi, P.S.- Jehanabad, District - Jehanabad. ... ... Petitioner/s

Versus

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

For the Petitioner/s :

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

Mr. Sanjay Kumar Tiwary, APP ====================================================== CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA ORAL ORDER 15-01-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. At the outset, learned counsel for the petitioners prays for withdrawal of the application with regard to Petitioner No. 1 namley Abhishek Kumar.

3. Learned counsel for the petitioners is permitted to withdraw the application with regard to Petitioner No. 1 namely Abhishek Kumar with the liberty to surrender in the Court below and seek regular bail which shall be considered on the same day on its own merits without being prejudiced by the present order of withdrawal of his application.

4. The petitioner No. 2 namely Daulati Devi has pre-

Patna High Court CR. MISC. No.90220 of 2025(2) dt.15-01-2026 2/3 ferred this application for grant of anticipatory bail apprehending her arrest in connection with Jehanabad (Karauna) P.S. Case No. 984 of 2025 registered under sections 126(2), 115(2), 118(1), 109, 303(2), 352, 351(2) and 3(5) of the BNS, 2023.

3. The allegation in the First Information Report is that the petitioner along with others have assaulted and abused the informant.

4. Learned counsel for the petitioner submits that the incident has taken place on account of property dispute as both the parties are agnates.

5. The application for anticipatory bail is opposed by learned A.P.P. for the State.

6. Taking into consideration the facts and circumstances of the case and considering that there is no allegation of assault upon Petitioner No. 2, coupled with the fact that there is a dispute over ancestral property between the parties, let the Petitioner No. 2 namely Daulati Devi who is a lady and has no criminal antecedent, in the event of her arrest or surrender before the learned Court below within a period of four weeks, be released on anticipatory bail in connection with Jehanabad (Karauna) P.S. Case No. 984 of 2025 on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two sureties of the like

Patna High Court CR. MISC. No.90220 of 2025(2) dt.15-01-2026 3/3 amount each to the satisfaction of the learned Chief Judicial Magistrate, Jehanabad, subject to the condition laid down under Section 438(2) of the Code of Criminal Procedure/Section 482(2) of the B.N.S.S, 2023 and subject to the further condition that she shall co-operate in the investigation/trial. (Soni Shrivastava, J) Vikash/- U T