Abha DeviversusThe State of Bihar

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41762 of 2026
                   Arising Out of PS. Case No.-142 Year-2026 Thana- BAIRIYA District- West Champaran
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                 Abha Devi, Wife of Ajay Patel Resident of Village- Bhitaha, Mathiya, P.S.-
                 Bairiya, District- West Champaran
                                                                          ... ... Petitioner/s

                                                       Versus

                 The State of Bihar

                                                        ... ... Opposite Party/s
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                 Appearance :
                 For the Petitioner/s     :       Mr. Bimlesh Kumar Pandey, Advocate
                 For the Opposite Party/s :       Mr. Md. Mushtaque Alam, APP
                 For the Informant        :       Mr. Madhukar Anand, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                                  ORAL ORDER


2   01-07-2026                   Heard learned counsel for the petitioner and learned

                   A.P.P. for the State.

                                 2. The petitioner apprehends her arrest in connection

                   with Bairiya P.S. Case No. 142 of 2026 registered for the

                   offences under Sections 329(3), 126(2), 352, 115(2), 118(1),

                   109(1), 103(1), 76, 61(2) and 3(5) of Bharatiya Nyaya Sanhita,

                   2023.

                                 3. The allegation against the petitioner is that she had

                   provided Barchhi and Bhala to the other co-accused persons,

                   which was used to kill the brother of the informant who had
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          sustained injuries on his abdomen.

                       4. Learned counsel for the petitioner submits that the

          petitioner, being a lady, has falsely been implicated in this case

          with an allegation along with two other co-accused persons,

          who have caused fatal injury. It has further been submitted that

          from the averment made in the FIR, it would be evident that the

          allegation against the petitioner was that she had carried Bhala

          and Barchhi and handed it over to the other co-accused persons

          and therefore, attributing such an allegation that she was

          involved in the assault was not correct. It has next been

          submitted that the allegation is an afterthought because looking

          at the three injuries, the petitioner along with two others, has

          been implicated, however, there are only two injuries which can

          be said to be entry wounds, while the third injury was an exist

          wound and therefore, the false implication of the petitioner

          cannot be ruled out. It has also been submitted that the

          allegations of assaulting the other injured persons are levelled

          against the other accused persons and not against the petitioner.

          It has lastly been submitted that the petitioner is an accused in

          one another case, in which final form was submitted by the

          police.

                       5. Learned counsel for the informant and learned APP
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          for the State have vehemently opposed the prayer for

          anticipatory bail and have submitted that on account of injuries

          inflicted by the petitioner and others, the brother of the

          informant died in the hospital. It has been submitted that other

          injured persons are also struggling for their lives, and in view of

          the nature of the allegation wherein even the petitioner has been

          alleged to have used the Bhala to cause injury, she should not be

          released on bail. It has also been submitted that the other

          accused person, namely, Suresh Patel, was granted regular

          bail.

                       6. Considering the aforesaid facts and circumstances

          of the case and especially taking into account that there is an

          allegation of causing injury by Bhala along with two other

          accused persons, namely, Suresh Patel and Abhay Patel, I am

          not inclined to enlarge the petitioner on anticipatory bail.

                       7. Accordingly, the prayer for anticipatory bail is

          rejected.

                       8. In view of the fact that a similarly situated accused

          has been allowed regular bail, the petitioner shall be at liberty to

          move for regular bail, if so advised, and the prayer for bail shall

          be considered on its own merits without being prejudiced by the

          rejection of this anticipatory bail application.
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                                     9. It is made clear that the observation, if any, made in

                        this order, shall be of no bearing during the trial.



                                                 (Sourendra Pandey, J)
manoj/-

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