Sabita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.1089 of 2026 Arising Out of PS. Case No.-133 Year-2025 Thana- BABUBARHI District- Madhubani ====================================================== 1.
Sabita Devi W/o Bhola Yadav Resident of Village- Khoir, P.S.- Babubarhi, District- Madhubani 2.
Surji Devi W/o Bindeshwar Yadav Resident of Village- Khoir, P.S.- Babubarhi, District- Madhubani ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioners :
Mr. Shailendra Kumar Jha, Advocate For the State :
Mr. Binod Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 28-01-2026 Heard learned counsel appearing on behalf of the petitioners and learned APP appearing on behalf of the State.
2. The petitioners apprehend their arrest in a case registered for the offence punishable under Sections 329(4), 191(2), 115(2), 126(2), 109, 76, 118(2), 303(2), 352 and 351(2) of the B.N.S..
3. As per prosecution case, it is alleged that all the F.I.R. named accused persons, including these petitioners, came and assaulted informant's side with iron rod and also snatched gold Mangalsutra.
4. It is submitted by learned counsel appearing on
Patna High Court CR. MISC. No.1089 of 2026(2) dt.28-01-2026 2/3 behalf of the petitioners that petitioners are quite innocent and have committed no offence. As a matter of fact, on account of land dispute, simple maar-peet took place in which both sides sustained injuries. There is case and counter-case. Allegation of assault is general and omnibus and no specific accusation of overt act has been alleged against these petitioners. Rest of the allegations are ornamental in order to make the case grave. Petitioners are ladies and claim clean antecedents.
5. Learned A.P.P. for the State has vehemently opposed the prayer for grant of anticipatory bail to the petitioners.
6. Considering the facts and circumstances of the case, general and omnibus nature of accusation, case and counter-case and clean antecedents of the petitioners, the prayer for grant of anticipatory bail to the petitioners is allowed.
7. Accordingly, in the event of arrest/surrender within a period of eight weeks from today, let the above named petitioners be enlarged on bail on furnishing bail-bond of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the satisfaction of learned J.M.-1st Class, Madhubani in connection with Babubarhi P.S. Case No. 133 of 2025, subject to condition as laid down under Section 482(2) of
Patna High Court CR. MISC. No.1089 of 2026(2) dt.28-01-2026 3/3 the B.N.S.S..
(Prabhat Kumar Singh, J) shashank/- U T