Roshan KumarversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.18901 of 2026
                       Arising Out of PS. Case No.-444 Year-2025 Thana- MAIRWAN District- Siwan
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           1.     Roshan Kumar S/O Late Dewnath Chauhan Resident of vill- Badauli PS-
                  Mairwa Dist- Siwan
           2.     Sabita Devi D/O Late Dewnath Chauhan, wife of Tun Tun Mahto, R/o Dhavi
                  Chapra, P.S. Barhariya, Distt. Siwan,
                              Both are Resident of vill- Badauli PS- Mairwa Dist- Siwan
                                                                               ... ... Petitioner/s
                                                     Versus
                 The State of Bihar
                                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :       Ms. Kumari Anupam, Advocate
                 For the Opposite Party/s :       Mr. Md. Iftekhar Mahmood, A.P.P.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA
                                       ORAL ORDER

2   06-04-2026                  1. Learned counsel for the petitioners, after some

                   argument, seeks permission to withdraw the anticipatory bail

                   application with respect to petitioner no. 1, namely, Roshan

                   Kumar.

                                2. Permission is accorded.

                                3. Accordingly, the anticipatory bail application with

                   respect to petitioner no. 1 is dismissed as withdrawn.

                                4. Heard learned counsel for the petitioner no. 2,

                   learned A.P.P. for the State and learned counsel appearing on

                   behalf of the informant.

                                5. The petitioner no. 2 apprehends her arrest in a case

                   registered for the offences punishable under Sections 103(1) and

                   3(5) of the BNS, 2023.
Patna High Court CR. MISC. No.18901 of 2026(2) dt.06-04-2026
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                       6. Learned counsel for the petitioner no. 2 submits that

          petitioner no. 2 has antecedent of one case and is a woman and the

          informant alleges that on 31.10.2025, at 01:20 p.m., accused

          persons including the petitioner no. 2 came and assaulted her

          husband brutally causing injury leading to his death.

                       7. Learned counsel for the petitioner no. 2 submits that

          petitioner no. 2 has been falsely implicated in the instant case by

          the informant. It is further submitted that petitioner is own sister of

          the deceased. It is next submitted that petitioner no. 2, in the

          complaint based on which the FIR has been instituted, was

          implicated as an accused by her father’s name but then petitioner

          no. 2 is a married woman and has been married to Tun Tun Mahto

          and is residing at her matrimonial home. It is also submitted that

          there was a dispute relating to property in the family and the

          petitioner no. 2 sided with her other brothers, who are also accused

          in the instant case, as such, the informant, who is bhabhi of the

          petitioner no. 2, with a view to coerce the entire family into

          submission even implicated the petitioner no. 2 with general and

          omnibus allegation without disclosing that she is a married

          woman. It is further submitted that inadvertently while describing

          the petitioner no. 2, in the cause title, the name of the husband

          could not be pleaded, thus, seeks permission to rectify the

          description of the petitioner no. 2 in course of the day.
           Patna High Court CR. MISC. No.18901 of 2026(2) dt.06-04-2026
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                                  8. Permission is accorded.

                                  9. Learned Additional Public Prosecutor for the State

                     and learned counsel appearing on behalf of the informant opposed

                     the prayer for anticipatory bail of the petitioner no. 2 but then are

                     not in a position to rebut the submissions of the learned counsel

                     appearing on behalf of the petitioner no. 2 that no specific

                     allegation of assault is alleged against the petitioner no. 2.

                                 10. After hearing the learned counsel for the parties and

                     also taking into consideration the fact that petitioner no. 2 is a

                     woman and sister of the deceased and is a married woman, let the

                     petitioner no. 2, above-named, in the event of her arrest or

                     surrender within a period of six weeks from today, be released on

                     anticipatory bail on furnishing bail bonds of Rs.10,000/- (Rupees

                     Ten Thousand) with two sureties of the like amount each to the

                     satisfaction of the learned Trial Court where the case is

                     pending/Successor Court in connection with Mairwa P.S. Case No.

                     444 of 2025, subject to the conditions as laid down under Section

                     438(2) of the Cr.P.C./482(2) of the B.N.S.S.


                                                                          (Satyavrat Verma, J)

Kundan/-

U     T