Malti Devi @ Manti Devi vs The State Of Bihar on 14 July, 2025

Patna High Court – Orders

Malti Devi @ Manti Devi vs The State Of Bihar on 14 July, 2025

Author: Rajesh Kumar Verma

Bench: Rajesh Kumar Verma

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.19377 of 2025
                 Arising Out of PS. Case No.-182 Year-2018 Thana- TARIYANI CHOWK District- Sheohar
                 ======================================================
           1.     Malti Devi @ Manti Devi Wife of Ganour Sahni @ Gonair Sahni Resident
                  of Village- Paharpur, P.S. - Tariyani, District- Sheohar
           2.    Gita Devi Wife of Ranjit Sahni @ Ranjeet Sahni Resident of Village-
                 Paharpur, P.S. - Tariyani, District- Sheohar

                                                                                ... ... Petitioner/s
                                                      Versus
                 The State of Bihar

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr. Amrendra Kumar, Advocate
                 For the State          :        Mr. Anil Kumar, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
                                       ORAL ORDER

3   14-07-2025

Heard Mr. Amrendra Kumar, learned counsel for the

petitioners and Mr. Anil Kumar, learned Additional Public

Prosecutor for the State.

2. The petitioners are apprehending their arrest in

connection with Tariyani P.S. Case No. 182 of 2018, F.I.R. dated

15.11.2018 for the offences punishable under Sections 341, 323,

324, 307, 504 and 34 of the Indian Penal Code.

3. According to prosecution case, the petitioners

along with other co-accused persons are said to have assaulted

the informant’s son with Dab on his head with an intention to

kill. It is further alleged that they have also assaulted the

informant and others.

Patna High Court CR. MISC. No.19377 of 2025(3) dt.14-07-2025
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4. Learned counsel for the petitioners submits that

petitioners have clean antecedent and they have falsely been

implicated in the present case. He further submits that the

allegation as alleged in the F.I.R. is false and fabricated and

from a bare perusal of the F.I.R it appears that the specific

allegation of assault is attributed against the co-accused person,

namely, Ganour Sahni and there is no specific allegation of any

assault or overt act attributed against these petitioners rather

there is general and omnibus allegation against the petitioners.

Apart from that, the police after investigation has submitted

charge-sheet against the petitioners under Section 341, 323,

504/34 of the IPC but the learned court below, vide order dated

23.09.2023 has taken cognizance against the petitioners under

Section 341, 323, 324, 307, 504/34 of the IPC. Apart from that,

injury report of the injured person suggest that the injury is

found to be simple in nature.

5. The learned Additional Public Prosecutor has

vehemently opposed the prayer for bail of the petitioners.

6. Considering the aforesaid facts and

circumstances, the petitioners have clean antecedent, the

specific allegation of assault is attributed against co-accused,

namely, Ganour Sahni and the injury inflicted upon the injured
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person is found to be simple in nature, let the petitioners, above

named, in the event of their arrest or surrender before the court

below within a period of thirty days from the date of receipt of

the order, be released 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 the learned Chief Judicial

Magistrate, Sheohar in connection with Tariyani P.S. Case No.

182 of 2018, subject to the conditions as laid down under

Section 438(2) of the Code of Criminal Procedure/482(2) of the

B.N.S.S., 2023 and with other following conditions:-

i. Petitioners 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 on their absence on two consecutive dates without

sufficient reason, their bail bond shall be cancelled by the Court

below.

ii. If the petitioners 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 petitioners and in case at

any stage it is found that the petitioners have concealed their
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criminal antecedent, the court below shall take step for

cancellation of bail bond of the petitioners. 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)
priyanka/-

U      T