Jhula Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90494 of 2025 Arising Out of PS. Case No.-697 Year-2024 Thana- AMARPUR District- Banka ====================================================== Jhula Devi Wife of Chotelal Singh Resident of Village- Salempur, P.S.- Amarpur, District- Banka ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner :
Mr. Brij Nandad Prasad, Advocate For the State :
Mr. Ram Sevak Choudhary, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 10-02-2026 Heard learned counsel appearing on behalf of the petitioner and learned APP appearing on behalf of the State.
2. The petitioner apprehends her arrest in a case registered for the offence punishable under Sections 126(2), 115(2), 109(1), 74, 352, 351(2) and 3(5) of the B.N.S..
3. As per prosecution case, it is alleged that all the F.I.R. named accused persons, including this petitioner, variously armed, abused and assaulted the informant. It is further alleged that co-accused Chhote Lal Singh and Mahesh Singh assaulted on the head of informant with axe.
4. It is submitted by learned counsel appearing on behalf of the petitioner that petitioner is quite innocent and has committed no offence. From bare perusal of the F.I.R. it is
Patna High Court CR. MISC. No.90494 of 2025(2) dt.10-02-2026 2/3 apparent that specific accusation of assault by means of axe on the head of informant is against co-accused Chhote Lal Singh and Mahesh Singh. So far as this petitioner is concerned, there is no specific accusation of any overt act and she is only alleged to be member of the unlawful assembly. Similarly situated coaccused persons have already been granted the privilege of anticipatory bail by this Hon'ble Court vide order dated 09.07.2025 passed in Cr. Misc. No. 24326 of 2025. Petitioner is a lady and claims clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioner.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, claim based on parity and clean antecedents of the petitioner, the prayer for grant of anticipatory bail to the petitioner is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioner be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of learned Chief Judicial Magistrate, Banka in connection with Amarpur P.S. Case No. 697 of 2024,
Patna High Court CR. MISC. No.90494 of 2025(2) dt.10-02-2026 3/3 subject to condition as laid down under Section 482(2) of the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T