Sunita DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.42906 of 2026
                    Arising Out of PS. Case No.-71 Year-2026 Thana- SIMRI BAKHTIYARPUR District-
                                                         Saharsa
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                 Sunita Devi, Wife of Nirmal Yadav @ Dhalo, Resident of Village-Hindupur
                 Ward No. 8, P.S.- Simri Bakhtiyarpur, Dist.- Saharsa
                                                                             ... ... Petitioner
                                                    Versus
                 The State of Bihar
                                                                      ... ... Opposite Party
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                 Appearance :
                 For the Petitioner/s     :      Mr. Chandra Mohan Jha, Advocate
                 For the Opposite Party/s :      Mr. Sanjay Kumar Singh, APP
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                 CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                       ORAL ORDER

2   08-07-2026                      Heard learned counsel for the petitioner and

                   learned Additional Public Prosecutor for the State.

                                2. The accused/petitioner is named in the FIR and

                   apprehending          her    arrest     in    connection       with     Simri

                   Bakhtiyarpur P.S. Case No.71 of 2026 registered under

                   Sections 191(2), 190, 126(2), 115(2), 127(2), 352,

                   351(2), 132, 223, 109, 121(2) of the Bhartiya Nyaya

                   Sanhita, 2023 (in short ‘B.N.S.’).

                                3. As per FIR, the petitioner along with other co-

                   accused persons alleged to assault the informant and others,

                   who are police officers and also alleged to deter them from

                   discharging their official duties, while they came to the

                   village of petitioner for rescue of two boys, who were
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          confined in one house of the village.

                       4. It is submitted by learned counsel that the

          allegation is appearing very much general and omnibus

          against this petitioner and she appears implicated with

          present crime in question for the reason that she is the wife

          of co-accused Nirmal Yadav @ Dhalo, against whom, the

          allegation of instigation is available. It is submitted that the

          petitioner found involved in Bakhtiyarpur P.S. Case No.398

          of 2019 but, the police after investigation, submitted closure

          report against the petitioner, which was also accepted by the

          learned      Jurisdictional      Magistrate          and,   thus,   she   was

          exonerated from allegation as raised, and, therefore, it can

          be safely said that the petitioner is a lady of clean

          antecedent.

                       5. Learned APP opposed the prayer of bail.

                       6. In view of aforesaid factual submissions and by

          taking note of fact, as the allegation to deter the police

          officials from discharging their duties appears very much

          general and omnibus against petitioner, who is a lady of

          clean antecedent, as discussed aforesaid, accordingly, the
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                      petitioner, above-named, in the event of her arrest or

                      surrender in the court below within a period of four weeks

                      from today, is directed to be released on bail on furnishing

                      bail bond of Rs.10,000/- (Rupees Ten Thousand) with two

                      sureties of the like amount each to the satisfaction of the

                      learned      C.J.M.,       Saharsa       in    connection   with   Simri

                      Bakhtiyarpur P.S. Case No.71 of 2026, subject to the

                      conditions as laid down under Section 438(2) of the Code of

                      Criminal Procedure (in short ‘CrPC’)/under Section 482(2) of

                      the Bhartiya Nagrik Suraksha Sanhita, 2023 (in short

                      ‘BNSS’).


                                                    (Chandra Shekhar Jha, J.)
    Sanjeet/-

U       T