CR. MISC./9398/2026 of Khusbu Kumari @ Khusbu Devi Vs The State of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.9398 of 2026
Arising Out of PS. Case No.-338 Year-2025 Thana- DALSINGHSARAI District- Samastipur
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Khusbu Kumari @ Khusbu Devi W/o Shankar Malakar R/o Village- Dhepura,
Ward No.28, P.S- Dalsinghsarai, Dist- Samastipur.
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
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Appearance :
For the Petitioner/s : Mr. Arun Kumar
For the Opposite Party/s: Mr. Narendra Kumar Singh
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
ORAL ORDER
2 12-03-2026 1. Heard learned Counsel for the petitioner and
learned Additional Public Prosecutor for the State.
2. This application, for grant of anticipatory bail,
arises out of Dalsinghsarai Police Station Case No. 338 of 2025,
disclosing offences under Sections 126(2), 115(2), 109(1),
303(2), 3(5) of the BNS, 2023.
3. As per the FIR, on 04.09.2025, while the
informant was at her home, all of a sudden, the petitioner along
with other accused persons arrived there and started abusing,
and when objected, they assaulted the informant and her two
sons.
4. Learned counsel for the petitioner submits that
both the parties are neighbors having previous land dispute.
Case and counter case is there and the side of the petitioner has
Patna High Court CR. MISC. No.9398 of 2026(2) dt.12-03-2026
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filed Dalsinghsarai P.S. Case No. 337 of 2025 for an occurrence
which has taken place on the same date and time. The case
lodged by the petitioner's side is prior in time. The injuries
sustained by the victims are simple in nature except the injury
caused to Shivam Kumar who has received grievous injury on
his hand but not on the vital part of the body.
5. Having regard to the submissions made on
behalf of the parties and taking into consideration the fact that
both the parties are neighbors having land dispute, case and
counter case is there, the allegation against the petitioner is
general and omnibus in nature, the petitioner is a lady and injury
caused to the victims are simple in nature except one injury
which is on the non-vital part of the body, I am inclined to grant
the petitioner privilege of anticipatory bail.
6. This application is, accordingly, allowed.
7. Let the petitioner, above named, in the event of
his arrest or surrender before the Court below within four
weeks, be released on bail on furnishing bail bond of Rs.
10,000/- (ten thousand) with two sureties of the like amount
each to the satisfaction of learned Additional Chief Judicial
Magistrate-I, Dalsinghsarai, Samastipur, in connection with
Dalsinghsarai Police Station Case No. 338 of 2025, subject to
Patna High Court CR. MISC. No.9398 of 2026(2) dt.12-03-2026
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the condition laid down under Section 438 (2) of the Code of
Criminal Procedure/Section 482(2) of the BNSS, 2023.
HarshPandey/-
(Anil Kumar Sinha, J)
U T