Laichi Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.4134 of 2025 Arising Out of PS. Case No.-223 Year-2024 Thana- GOVINDGANJ District- East Champaran ====================================================== 1.

Laichi Devi W/O Late Thakur Sah R/O Vill.- Noneya, Motihari, P.S.- Paharpur, Dist.- East Champaran. Presently residing at Vill.- Chatiya Kala, P.S.- Malahi, Dist.- East Champaran.

2.

Sabita Devi Wife of Suresh Sah @ Sabita Sah R/O Vill.- Noneya, Motihari, P.S.- Paharpur, Dist.- East Champaran. Presently residing at Vill.- Chatiya Kala, P.S.- Malahi, Dist.- East Champaran.

... ... Petitioner/s

Versus

The State Of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sarvesh Kashyap, Adv.

For the Opposite Party/s :

Mr. Manoj Kumar, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE KHATIM REZA ORAL ORDER 12-02-2025 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2. The petitioners seek bail in connection with Govindganj (Malahi) PS Case No.223 of 2024 dated 31.05.2024, instituted under Sections 341,323,324,325,307 and 379/34 of the Indian Penal Code.

3. The prosecution case, in short, is that on the alleged date of occurrence these petitioners and others in furtherance of their common intention assaulted the informant and his daughter.

4. Learned counsel for the petitioners submits that the

Patna High Court CR. MISC. No.4134 of 2025(2) dt.12-02-2025 2/3 petitioners are innocent and they have been falsely implicated in this case. It is submitted that there is no specific allegation against the petitioner No.2, namely, Sabita Devi and only her name has been given in the FIR as a member of a mob. Allegation of assault has been attributed against petitioner no.1, namely, Laichi Devi along with co-accused Mantu Kumar and Kajal Kumari, who have assaulted the informant, as a result of which, he sustained grievous injury. Allegations are general and omnibus and there is no specific accusation of overt act against petitioner no.1, namely, Laichi Devi. As a matter of fact, scuffle took place between the parties due to land dispute. Petitioner no.1 is advanced age lady aged about 70 years and full sister of the informant and petitioner no.2 is niece of the informant aged about 25 years. Charge sheet has been submitted in the case. The petitioners are in custody since 05-08-2024. Lastly, it has been submitted that one criminal case is pending against the petitioners.

5. Learned APP has opposed the prayer for bail.

6. Having considered the facts and circumstances of the case and submissions of learned counsel for the parties, let the petitioners be released on bail upon furnishing bail bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like

Patna High Court CR. MISC. No.4134 of 2025(2) dt.12-02-2025 3/3 amount each to the satisfaction of the learned CJM, Motihari, East Champaran, in Govindganj (Malahi) PS Case No.223 of 2024.

7. The application stands allowed.

(Khatim Reza, J) shyambihari/- U T