Gyanti Devi v. The State of Bihar

====================================================== Appearance : For the Petitioner/s : For the Opposite Party/s : ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA Mr. Jeetendra Narayan Mr. Rajendra Prasad Nat ORAL ORDER 3 27-04-2026

Heard learned Counsel for the petitioner and learned Additional Public Prosecutor for the State.

This application, for grant of anticipatory bail, arises out of Taraiya Police Station Case No. 223 of 2025, disclosing offences under Sections 85, 115(2), 74, 109, 123, 303(2), 3(5) of the BNS, 2023.

As per the complaint-cum-FIR, the marriage of the daughter of the informant was solemnized with the co- accused Mahendra Kumar on 28.11.2024. It has further been alleged that on 10.04.2025, on the occasion of Mahaveer Jayanti, co-accused Mahendra Kumar brought laddu and asked his brother Sajan Kumar to give it to his wife, upon which petitioner also insisted the victim to eat laddu and after eating the same, she felt nauseatic and was taken to the hospital. Patna High Court CR. MISC. No.9224 of 2026(3) dt.27-04-2026

Learned counsel for the petitioner submits that the petitioner has falsely been implicated in this case with oblique motive. As per the allegation made in the complaint- cum-FIR, the laddu was brought by the victim's husband and upon eating the same, it appears that the victim developed food poisoning. The medical report of the victim is annexed at Annexure P/2, in which the doctor has found the symptom of vomiting for one day and has prescribed Oral Rehydration Salts, Ondansetron Hydrochloride etc. It is a very common kind of medicines of food poisoning. No serious allegation is there against the petitioner.

Having regard to the submissions made on behalf of the parties and taking into consideration the nature of allegation against the petitioner, I am inclined to grant the petitioner privilege of anticipatory bail.

This application is, accordingly, allowed.

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 13th, Saran at Chapra, in connection with Taraiya Patna High Court CR. MISC. No.9224 of 2026(3) dt.27-04-2026 Police Station Case No. 223 of 2025, subject to the condition laid down under Section 438 (2) of the Code of Criminal Procedure/Section 482(2) of the BNSS, 2023. HarshPandey/- U T (Anil Kumar Sinha, J)