Sita Devi v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3398 of 2025 Arising Out of PS. Case No.-210 Year-2024 Thana- BARIYARPUR District- Munger ====================================================== 1.
Sita Devi W/O Shri Cahnguri Mandal @ Chhanguri Mandal Resident Of Village - Bangali Tola, P.o -Kalyanpur, P.s- Bariyarpur, Dist- Munger. 2.
Soniya Devi @ Soni Devi W/O Dhananjay Mandal Resident Of Village - Bangali Tola, P.o -Kalyanpur, P.s- Bariyarpur, Dist- Munger. ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Sadanand Paswan, Adv For the Opposite Party/s :
Mr. Satyendra Narayan Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER 15-02-2025 Heard the learned Advocate for the petitioners and the learned APP for the State.
2. The petitioners apprehend their arrest in connection with Bariyarpur P.S. Case No. 210 of 2024, registered for the offences punishable under Sections 191(2), (3), 126(2), 115(2), 109, 103(1) of the B.N.S., 2023.
3. It is alleged that on the fateful day the father of the informant was tying his cattle in the road, in the meanwhile, all the F.I.R., named accused persons including the petitioners armed with sword, lathi and iron rod came there and started abusing and assaulting the informant and his father. As a result of which the informant and his father sustained serious injury.
Patna High Court CR. MISC. No.3398 of 2025(2) dt.15-02-2025 2/3 The brother of the informant also sustained several iron rod blow over his head and he was taken to hospital where he died in course of the treatment.
4. Learned Advocate for the petitioners referring to the F.I.R., contended that the petitioners are apart from ladies they have knowingly made accused in this case without there being any specific allegation, only in order to put pressure, moreover, the specific allegation have been levelled against coaccused Dhananjay Mandal, Gorelal Mandal, Chhanguri Mandal, Karela Mandal, Santosh Mandal, Rohit Mandal and Nakul Mandal. It is further contended that with regard to an occurrence which took place on 23.09.2024 the present F.I.R., has been instituted on 27.09.2024 after a delay of four days. Even if the allegation taken to be true for the sake of argument the petitioners are only said to be members of mob. The petitioners have fair antecedent and they undertake before this Court that they will fully co-operate in the proceeding of the Court.
5. On the other hand, learned counsel for the State has vehemently opposed the pre-arrest bail application and submitted that the petitioners have also participated in the crime in question where the brother of the informant succumbed to the
Patna High Court CR. MISC. No.3398 of 2025(2) dt.15-02-2025 3/3 injury.
6. Regard being had to the submissions made on behalf of the parties and considering the delay in lodging the F.I.R., as also the nature of allegation levelled against the petitioners coupled with the fact that the petitioners are ladies having fair antecedent, let the petitioners above named, be released on bail, in the event of their arrest or surrender before the court below within a period of four weeks from the date of receipt/production of a copy of this order, upon furnishing bail bonds of Rs.10,000/- (ten thousand) with two sureties of the like amount each to the satisfaction of the learned C.J.M., Munger, in connection with Bariyarpur P.S. Case No. 210 of 2024, subject to the conditions laid down in Section 438(2) Cr.P.C. with the further condition that one of the bailors shall be the own/close family members of the petitioners.
(Harish Kumar, J) Jyoti/- U T