Anita Devi Vs The State of Bihar

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.29062 of 2025

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Arising Out of PS. Case No.-192 Year-2023 Thana- CHACKMEHSI District- Samastipur

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======================================================

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1. Anita Devi W/o- Shatrudhan Ram Village- Malinagar Ward No- 09 PsChakmehsi District- Samstipur

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Shatrudhan Ram @ Satrudhan Ram S/o- Mahendra Ram Village- Malinagar Ward No- 09 Ps-Chakmehsi District- Samstipur

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... ... Petitioner/s

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Versus

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The State of Bihar

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Gayatri Devi W/o- Vinod Sah Village- Malinagar Ward No- 09 PsChakmehsi District- Samstipur

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... ... Opposite Party/s

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====================================================== Appearance :

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For the Petitioner/s : Mr. Niraj Lochan Jha, Advocate For the Opposite Party/s : Mr. Tarkeshwar Nath Thakur, APP

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====================================================== CORAM: HONOURABLE MR. JUSTICE RAMESH CHAND MALVIYA

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ORAL ORDER

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3 20-06-2025

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Heard learned counsel for the petitioners, learned

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counsel for the informant and learned APP for the State.

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The petitioners are in custody in a case registered for the offences punishable under Sections 341, 324, 324, 307, 326, 354(B), 379/34 of the Indian Penal Code.

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Earlier the prayer for regular bail of the petitioners were rejected by this Court vide order dated 08.04.2024 passed in Cr. Misc. No. 25080 of 2024 with a ‘direction to the learned Trial Court to conclude the trial within a period of one year from the copy of the receipt of this order and if the trial is not concluded within the stipulated period then the petitioners may renew their

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Patna High Court CR. MISC. No.29062 of 2025(3) dt.20-06-2025 2/3

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prayer for bail before the learned Trial Court.’

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As per allegation in the FIR, the informant used to live alone and her husband is living outside for his livelihood. On 08.10.2023 at 11 A.M. when she was informed that the petitioners and other co-accused persons were cutting the trees of the informant and when she protested, the petitioners and others assaulted her and thrown acid upon her.

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Learned counsel for the petitioners submits that petitioners have falsely been implicated in this case. He further submits that it is clear from the certified copy of the medical witness, Dr. Ranjan Srivastawa, who has been examined before the learned Trial Court in Case S.T No. 369 of 2024 dated 25.04.2025 in which Final opinion given by first doctor as “1- Incised wound over right breast. I found four stched wound over right breast. 2- Striched wound over bone. 3- Incised wound over back, size 6cm x.5cm. 5 striched has given. Patient got CT brain was anygated revealing periverticular inchemial and genralised brain atrophy.” He further submits that from perusal of the entire deposition of the medical witness, no burn injury/acid injury found on the body of the injured informant as alleged by her. He further submits that both the petitioners have got one criminal antecedents but fairly submits that they are on bail in their respective cases as stated in para-3 of the bail petition and petitioners are in custody since

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Patna High Court CR. MISC. No.29062 of 2025(3) dt.20-06-2025 3/3

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10.01.2024.

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However, learned counsel for the informant and learned APP for the State opposes the prayer for regular bail of the petitioners.

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Considering the aforesaid facts and circumstances of the case, submissions made on behalf of the petitioners and the fact that petitioners are under custody since more than one year as well as the fact that no burn/acid injury has been found on the body of the informant as mentioned in deposition of the medical witness doctor, let the above named petitioners be released on bail on their furnishing bail bonds of Rs. 10,000/- (Ten thousand) each with two sureties of the like amount each to the satisfaction of learned Court of Additional District & Sessions Judge-IIIrd at Samastipur in connection with Chakmeshi P.S. Case No.192 of 2023 appertaining to Session Trial No.369 of 2024.

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(Ramesh Chand Malviya, J)

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Harshita/- U T

Anita Devi v. The State of Bihar

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Anita Devi v. The State of Bihar

Case brief

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