Preeti Singh v. The State of Bihar
Case at a glance
Provisions considered
- Bharatiya Nyaya Sanhita, 2023 ss. 3(5), 76, 115(2), 117(2), 118(1), 127(1), 303(2), 324(2), 351(3), 352
- Code of Criminal Procedure, 1973 s. 438(2)
- Bharatiya Nagarik Suraksha Sanhita, 2023
Judgment
Mr. Shivendra Kumar Singh Mr.Ranjeet Patel Mr.Asha Kumari, APP : For the State ====================================================== CORAM: HONOURABLE MR. JUSTICE NAWNEET KUMAR PANDEY 5 04-12-2025 Heard the learned counsel for the parties. ORAL ORDER
The petitioner apprehends her arrest for the offences alleged under Sections 115(2), 118(1), 117(2), 127(1), 76, 303(2), 324(2), 352, 351(3) and 3(5) of the BNS registered in connection with Madhwapur P.S.Case No. 88 of 2024. .
As per prosecution case, the informant along with her husband, elder son and elder daughter-in-law visited her village on the occasion of death anniversary of her deceased son Neeraj Kumar Singh (husband of the present petitioner). The allegation against the petitioner is that she along with her brother, mother and maternal uncle and others entered into the room of the informant, snatched her mobile and broke it. Then Patna High Court CR. MISC. No.34022 of 2025(5) dt.04-12-2025 the petitioner assaulted on the head of Dherraj Singh who received injury and started bleeding. Moments thereafter, co- accused Anuj Singh also attacked Dheeraj Singh. In the brawl, all the accused persons together assaulted the informant family with iron rod and stick, due to which the informant got her left hand fractured and in the fracas she also received injuries all over her body.
The learned counsel for the petitioner has submitted that the petitioner herself is the victim as she is the wife of the deceased Neeraj Kumar Singh, who is the second son of the informant. As a matter of fact, concealing the fact that the deceased Neeraj Kumar Singh was a cancer patient, the marriage of the petitioner was solemnized. When Neeraj Kumar Singh died, the wife of Dheeraj Singh (elder brother of the deceased Neeraj Kumar Singh) impersonated herself in place of the victim and attempted to withdraw the retiral benefits of the deceased Neeraj Kumar Singh, to which the petitioner protested and filed a complaint, which is the reason for vendetta and false implication of the petitioner in the present case.
On the other hand, the learned APP for the State has opposed the prayer for anticipatory bail.
The petitioner is the widow of the second son of the Patna High Court CR. MISC. No.34022 of 2025(5) dt.04-12-2025 informant. According to the submission of the learned counsel for the petitioner, the accused persons conspired to grab the retiral benefits of the deceased husband of the petitioner.
Considering the above facts and circumstances, let the petitioner above-named, in the event of her arrest or surrender within four weeks from the date of communication of this order, 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 Judicial Magistrate- cum-Munsif, Benipatti, Madhubani in connection with Madhwapur P.S.Case No. 88 of 2024, subject to the conditions as laid down under Section 438(2) of the CrPC/482(2) of the BNSS. (Nawneet Kumar Pandey, J) HR/- U T
Precedent status how later indexed judgments have treated this case
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